2nd Circuit Court of Appeals

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.

Broadcast Music v. North American Concert Promoters - Antitrust

The Second Circuit Court of Appeals vacated a district court's decision regarding music licensing fees set by Broadcast Music, Inc. (BMI) for 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.

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.

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 assistance under 28 U.S.C. §1782 for use in 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 if the documents were not directly discoverable from the client abroad.

Peña Garcia v. Department of Labor - Workers' Compensation

The Second Circuit Court of Appeals denied a petition for review filed by Luis Peña Garcia, who sought reimbursement for medical cannabis edibles under the Longshore and Harbor Workers' Compensation Act. The court affirmed the Department of Labor's decision, citing the Controlled Substances Act's classification of marijuana.

US v. Cardenas - Cocaine Import Conspiracy Appeal

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 lacking criminal intent. The case is remanded for further proceedings.

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.

Care One LLC v NLRB - Unfair Labor Practice Proceedings

The Second Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction sought by Care One LLC and affiliated healthcare facilities. The facilities challenged NLRB proceedings, arguing the ALJ was improperly appointed due to a lack of quorum. The court found the plaintiffs could not demonstrate irreparable harm, thus affirming the denial of the injunction.

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 the North American Concert Promoters Association (NACPA). The court found the imposed rates and expanded definition of gross revenues to be unreasonable, remanding the case for further proceedings.