2nd Circuit Court of Appeals

Sacaza v. City of New York - Qualified Immunity Appeal

The Second Circuit Court of Appeals reversed a lower court's denial of summary judgment for a New York City detective in a false arrest and malicious prosecution case. The court found that arguable probable cause existed, entitling the detective to qualified immunity.

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 in aid of foreign litigation. 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 might not be directly discoverable from the client abroad.

Safdieh v. Commissioner - IRS Penalty Assessment Authority

The Second Circuit Court of Appeals ruled that the Commissioner of Internal Revenue has the authority to assess penalties for failure to report control of foreign businesses under I.R.C. § 6038(b). The court vacated a Tax Court order that had granted summary judgment to the taxpayer, Joseph Safdieh, and remanded the case for further proceedings.

United States v. Jimenez - Ammunition Possession Conviction Appeal

The Second Circuit affirmed a district court's judgment against William Jimenez, who appealed his conviction for possessing ammunition after a felony conviction. The court found that the appeal waiver in his plea agreement barred his challenge to his sentence, and that the district court did not abuse its discretion in imposing special conditions of supervised release.

Kellogg v. Nichols - Firearms Licensing Laws

The Second Circuit Court of Appeals affirmed the dismissal of a lawsuit challenging New York's firearms licensing laws. The court held that state judges reviewing license applications are protected by absolute judicial immunity and that federal courts lack jurisdiction over such claims due to Article III's case-or-controversy requirement.

Care One LLC v. NLRB - Unfair Labor Practice Proceedings

The Second Circuit affirmed a district court's denial of a preliminary injunction sought by Care One LLC and its affiliates to halt unfair labor practice proceedings before the NLRB. The court found that Care One failed to demonstrate irreparable harm, despite raising constitutional challenges to the ALJ's appointment and protection.

Mar-Can Transport vs Local 854 Pension Fund - ERISA Withdrawal Liability

The Second Circuit affirmed a District Court ruling that Mar-Can Transportation Company is entitled to a $1.8 million reduction in withdrawal liability from the Local 854 Pension Fund. The decision interprets an ERISA provision regarding asset and liability transfers when employees switch unions.

US v. Aryeetey - Affirmation of Conviction and Sentence

The Second Circuit Court of Appeals affirmed the conviction and sentence of Ivanjoel 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.

Bugliotti v. Republic of Argentina - Bondholder Suit

The Second Circuit Court of Appeals partially affirmed and vacated a district court judgment in a bondholder suit against the Republic of Argentina. The court found that some of the bondholders' claims are timely under New York's COVID-era tolling provisions and that they now have authority under Argentine law to sue on defaulted sovereign bonds.

B.B. v. Hochul - Children's Due Process Rights in Foster Care

The Second Circuit Court of Appeals reversed in part and affirmed in part a district court's decision in B.B. v. Hochul. The court found that fourteen children have standing to sue New York over its certification scheme for relative foster parents, which they allege violates their due process rights. The case is remanded for further proceedings.