Courts & Litigation

Peña Garcia v. Dept of Labor - Workers' Compensation

The U.S. Court of Appeals for the Second Circuit 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 federal law.

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.

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 for Care One LLC and affiliated health care facilities. The facilities sought to halt 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.

Mar-Can Transport vs. Pension Fund - ERISA Withdrawal Liability

The Second Circuit Court of Appeals affirmed a lower court ruling, directing the Local 854 Pension Fund to reduce Mar-Can Transportation Company's ERISA withdrawal liability by $1.8 million. The decision clarifies the interpretation of "unfunded vested benefits" under ERISA Section 1415(c) when an employer switches multiemployer pension plans due to union representation changes.

Sufiyan v. Bondi - Asylum, Withholding, CAT Appeal Decision

The Second Circuit Court of Appeals granted in part and remanded a petition for review in Sufiyan v. Bondi. The court found that the Board of Immigration Appeals erred by not determining if the petitioner would be eligible for asylum or withholding of removal but for the material support bar, which prevents him from applying for a waiver. The petition for review of the CAT claim was denied.

CFHC v. CoreLogic Rental Property Solutions - Fair Housing Act Case

The Second Circuit Court of Appeals decided CFHC v. CoreLogic Rental Property Solutions, vacating in part, affirming in part, and reversing in part the lower court's decision. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials under the Fair Housing Act, while also addressing Fair Credit Reporting Act claims.

Reidy Contracting Group, LLC v. Mt. Hawley Insurance Company - Insurance Coverage Dispute

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

United States v. Aryeetey - Felon in Possession of Firearm Conviction Affirmed

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.

US v Jimenez - 105 Months Prison Sentence for Felony Conviction

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

Shaul Moshe Sugar v. David Pollack - Court Opinion

The New Jersey Superior Court Appellate Division affirmed a lower court's order compelling arbitration in the case of Shaul Moshe Sugar v. David Pollack. The dispute involves a joint venture for a real estate project in Indiana.