2nd Circuit Court of Appeals
Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions - Fair Housing Act
The Second Circuit Court of Appeals vacated in part, affirmed in part, and reversed in part a lower court decision concerning CoreLogic Rental Property Solutions. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not violate the Fair Housing Act regarding disparate impact claims, but did violate the Fair Credit Reporting Act.
Safdieh v. Commissioner - Tax Penalty Assessment
The Second Circuit Court of Appeals ruled that the Commissioner of Internal Revenue may assess penalties for failing to report foreign business control under I.R.C. § 6038(b) through administrative assessment, vacating a Tax Court order. The court remanded the case for further proceedings.
Safdieh v. Commissioner - Tax Penalty Assessment
The Second Circuit Court of Appeals ruled that the Commissioner of Internal Revenue may assess penalties for failing to report foreign business control under I.R.C. § 6038(b) through administrative assessment, overturning a Tax Court decision. This decision impacts how the IRS collects these specific penalties.
Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions - Housing Discrimination
The Second Circuit Court of Appeals ruled on a housing discrimination case involving CoreLogic Rental Property Solutions. The court vacated in part, affirmed in part, and reversed in part the district court's decision regarding claims under the Fair Housing Act and Fair Credit Reporting Act.
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 in aid of foreign litigation under 28 U.S.C. §1782. The court held that the district court did not abuse its discretion in allowing discovery from Akin Gump Strauss Hauer & Feld LLP, even though the documents sought might not be directly discoverable from the foreign client.
Broadcast Music v. Concert Promoters - Antitrust Licensing Fees
The Second Circuit Court of Appeals vacated a district court's decision regarding music licensing fees between Broadcast Music, Inc. (BMI) and the North American Concert Promoters Association (NACPA). The court found the imposed rates and expanded definition of gross revenues to be unreasonable and remanded the case for further proceedings.
Second Circuit Court of Appeals opinion on insurance case
Second Circuit Court of Appeals opinion on insurance case
Second Circuit: Pension Fund Withdrawal Liability Interpretation
The Second Circuit Court of Appeals affirmed a lower court's decision, reducing Mar-Can Transportation Company's pension fund withdrawal liability by $1.8 million. The ruling clarifies the interpretation of an ERISA provision concerning the transfer of unfunded vested benefits when an employer switches pension plans due to union representation changes.
US v. Jimenez - Sentence Affirmed for Felony Conviction
The Second Circuit Court of Appeals affirmed the district court's judgment against William Jimenez, upholding his 105-month sentence and three years of supervised release for possessing ammunition after a felony conviction. The court found no abuse of discretion in the imposed special conditions of supervised release.
US v. Cardenas - Cocaine Import Conspiracy Conviction Vacated
The Second Circuit Court of Appeals vacated the conviction of Jay 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 lacking criminal intent, remanding the case for further proceedings.
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