2nd Circuit Court of Appeals

McGucken v. Shutterstock, Inc. - Copyright Infringement Appeal

The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's ruling in McGucken v. Shutterstock, Inc. The court affirmed the dismissal of copyright management information claims but vacated the dismissal of copyright infringement claims, remanding for further proceedings on DMCA safe harbor issues.

SBK ART LLC v Akin Gump - Discovery for Foreign Litigation

The Second Circuit affirmed a district court's order granting SBK ART LLC's petition for discovery under 28 U.S.C. §1782 for use in foreign litigation. The court disagreed with Akin Gump's argument that discovery should be denied if not discoverable from the foreign client abroad.

US v. Cardenas - Cocaine Importation Conspiracy Conviction

The Second Circuit Court of Appeals vacated the conviction of Jey James Roldan Cardenas for conspiracy to import cocaine. The court found that the district court erred in excluding evidence relevant to Cardenas's defense of lack of criminal intent, remanding the case for further proceedings.

CFHC v. CoreLogic Rental Property Solutions - Fair Housing Act and FCRA Case

The Second Circuit Court of Appeals ruled in CFHC v. CoreLogic Rental Property Solutions, vacating in part, affirming in part, and reversing in part the district court's decision. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials under the Fair Housing Act, while also affirming a violation of the Fair Credit Reporting Act.

United States v. Aryeetey - Felon in Possession of Firearm Conviction

The Second Circuit Court of Appeals affirmed the conviction and sentence of Ivan Joel Aryeetey for being a felon in possession of a firearm. The court found no abuse of discretion in admitting DNA evidence and deemed the sentence substantively reasonable.

Broadcast Music, Inc. v. North American Concert Promoters Association - Antitrust

The Second Circuit Court of Appeals vacated a district court's decision regarding music licensing fees set by Broadcast Music, Inc. (BMI) for concert promoters. The court found the imposed rates and expanded definition of gross revenues to be unreasonable, remanding the case for further proceedings.

Mar-Can Transport v. Local 854 Pension Fund - ERISA Withdrawal Liability

The Second Circuit affirmed a lower court's decision in Mar-Can Transport v. Local 854 Pension Fund, reducing Mar-Can's ERISA withdrawal liability by $1.8 million. The ruling clarifies the interpretation of "unfunded vested benefits" when an employer transitions between multiemployer pension plans due to union representation changes.

US v. Jimenez - 105 Months Prison for Felony Conviction

The US Court of Appeals for the Second Circuit affirmed a district court's judgment sentencing William Jimenez to 105 months imprisonment and three years of supervised release for possessing ammunition after a felony conviction. Jimenez's appeal challenging sentencing conditions and imprisonment term was denied.

Kellogg v. Nichols - Amended Opinion on Judicial Immunity and Firearms Licensing

The Second Circuit Court of Appeals issued an amended opinion in Kellogg v. Nichols, affirming the dismissal of a lawsuit challenging New York's firearms licensing laws. The court held that state court judges are absolutely immune from individual-capacity lawsuits for their decisions on license applications and that federal courts lack jurisdiction for official-capacity claims under Article III's case-or-controversy requirement.

US v. Cardenas - Cocaine Import Conspiracy Appeal

The U.S. Court of Appeals for the Second Circuit vacated a conviction for conspiracy to import cocaine. The court found that the district court erred in excluding evidence relevant to the defendant's state of mind, potentially impacting his defense. The case is remanded for further proceedings.