2nd Circuit Court of Appeals

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.

Peña Garcia v. Department of Labor - Workers' Compensation

The Second Circuit Court of Appeals denied a petition for review in Peña Garcia v. Department of Labor. The court affirmed the denial of reimbursement for medical cannabis-infused edibles under the Longshore and Harbor Workers' Compensation Act, citing the Controlled Substances Act.

GEICO v. Mayzenberg - Insurance No-Fault Benefits Dispute

The Second Circuit vacated a district court judgment in favor of GEICO, remanding the case of GEICO v. Mayzenberg. The court's decision was based on a certified question answered by the New York Court of Appeals, which clarified that an insurer cannot deny no-fault benefits based solely on alleged professional misconduct not amounting to ceding control of a professional services corporation to an unlicensed party.

US v. Jimenez - 105 Months Prison for Ammunition Possession

The Second Circuit Court of Appeals affirmed a district court's judgment sentencing William Jimenez to 105 months imprisonment for felony ammunition possession. The court upheld the special conditions of supervised release, including electronic device searches and mental health counseling.

Reidy Contracting Group v. Mt. Hawley Insurance - Insurance Coverage Dispute

The Second Circuit affirmed a district court's decision in favor of Reidy Contracting Group, LLC, holding that Mt. Hawley Insurance Company must provide additional insured coverage. The court found Reidy to be an additional insured and construed an ambiguous Employers Liability Exclusion against Mt. Hawley.

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.

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 the detective had arguable probable cause, granting him qualified immunity on federal claims.

Safdieh v. Commissioner - Tax Court Ruling on Penalty Assessment

The Second Circuit Court of Appeals ruled that the Commissioner of Internal Revenue may assess penalties for failing to report control of a foreign business under I.R.C. § 6038(b). The court vacated a Tax Court order that had prevented the Commissioner from collecting $50,000 in penalties against Joseph Safdieh through administrative assessment.

US v Aryeetey - Conviction Appeal Affirmation

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 the admission of DNA evidence and deemed the sentence substantively reasonable.

Miller v. Lamanna - Appeal of Dismissal

The Second Circuit Court of Appeals vacated a district court's dismissal of a former corrections officer's discrimination and retaliation claims. The appellate court found the district court improperly converted a summary judgment motion into a dismissal motion, remanding the case for further proceedings.