Courts & Litigation

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 erred by converting a summary judgment motion into a Rule 12(b)(6) dismissal motion, considering only the complaint's allegations.

Connecticut Fair Housing Center v. CoreLogic - Fair Housing Act and FCRA Case

The Second Circuit Court of Appeals vacated in part, affirmed in part, and reversed in part a lower court decision concerning claims under the Fair Housing Act and Fair Credit Reporting Act. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials based on criminal history, but it also disagreed with the district court's exclusion of certain defendants under the Fair Housing Act.

GEICO v. Mayzenberg - Court Opinion on Insurance Reimbursement

The Second Circuit Court of Appeals vacated a district court judgment in favor of GEICO in GEICO v. Mayzenberg. The court remanded the case after the New York Court of Appeals clarified that an insurer cannot deny no-fault benefits based solely on alleged professional misconduct not involving the ceding of control to an unlicensed party.

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.

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.

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.

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.

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.

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.

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.