Courts & Litigation

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.

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.

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.

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.

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.

Austin v. State - Home Invasion Conviction Affirmation

The Court of Appeals of Nevada affirmed a conviction for home invasion, ruling that an attached garage is considered part of a "dwelling" under state law. The court found sufficient evidence that the appellant forcibly entered an attached garage without permission, constituting home invasion.

US v. Jacob Parlin - Drug Conviction Appeal

The US Court of Appeals for the First Circuit affirmed the drug conviction of Jacob Parlin. Parlin appealed his conviction for distribution and possession with intent to distribute methamphetamine, arguing the trial court erred in admitting certain testimony and that the evidence was insufficient to prove intent to distribute. The court found no error.

Guallini-Indij v. Banco Popular - Opinion Amendment

The United States Court of Appeals for the First Circuit issued an errata sheet to amend its opinion in case 23-1705, Guallini-Indij v. Banco Popular. The amendments correct minor typographical errors in quoted language and word usage on specific pages of the opinion.