2nd Circuit Court of Appeals

24-149_opn.pdf

24-149_opn.pdf

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

The Second Circuit affirmed a lower court's decision, reducing Mar-Can Transportation Company's withdrawal liability from the Local 854 Pension Fund by $1.8 million. The ruling interprets an ERISA provision concerning asset and liability transfers when an employer changes union representation.

SBK ART LLC v. Akin Gump Strauss Hauer & Feld LLP - 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 Strauss Hauer & Feld LLP's argument that discovery should be denied if not discoverable from the foreign client.

Lanesborough 2000 LLC v. Nextres LLC - Court Opinion

The Second Circuit Court of Appeals decided Lanesborough 2000 LLC v. Nextres LLC, affirming in part and vacating in part a district court's judgment on an arbitration award. The court found the contractual waiver of the right to appeal ambiguous and remanded the case for further proceedings regarding an injunction of a state-court action.

Pinilla Perez v. Bondi - Noncitizen Removal Proceedings Deadline

The Second Circuit Court of Appeals granted a petition challenging the Board of Immigration Appeals' denial of a motion to reopen removal proceedings. The court found the BIA provided insufficient reasons for denying equitable tolling of the 90-day deadline for filing such motions.

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

The Second Circuit affirmed a district court's decision in Mar-Can Transport Co. v. Local 854 Pension Fund, reducing Mar-Can's ERISA withdrawal liability by $1.8 million. The ruling clarifies the interpretation of a key ERISA provision regarding the calculation of withdrawal liability when an employer changes pension plans due to union representation changes.

Broadcast Music v. North American Concert Promoters - Antitrust

The Second Circuit vacated a district court's decision in Broadcast Music, Inc. v. North American Concert Promoters Association, finding the imposed licensing rates and revenue base definition unreasonable. The court remanded the case for further proceedings, impacting how music licensing fees are determined for concert promoters.

B.B. v. Hochul - Child Welfare Certification Rights

The Second Circuit Court of Appeals ruled that fourteen children have standing to sue New York over its child welfare certification scheme, which denied relatives certification due to criminal history or child abuse reports. The court reversed in part and affirmed in part, remanding the case for further proceedings.

Lanesborough v. Nextres, LLC - Arbitration Award Appeal

The Second Circuit Court of Appeals reviewed a district court's decision regarding an arbitration award between Lanesborough 2000, LLC and Nextres, LLC. The court affirmed in part the partial confirmation of the award and the award of prejudgment interest, but vacated in part the injunction of a state-court proceeding due to potential conflict with the Anti-Injunction Act.

SBK ART LLC v. Akin Gump - Discovery for Foreign Litigation

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