Courts & Litigation

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.

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.

Broadcast Music, Inc. v. North American Concert Promoters Association - Antitrust

The Second Circuit 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.

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. Cardenas - Cocaine Import Conspiracy Appeal

The US Court of Appeals for the Second Circuit 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.

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.

Kellogg v. Nichols - Concealed Carry License Application Case

The Second Circuit affirmed the dismissal of a lawsuit challenging New York's concealed carry license application process. The court held that state judges are absolutely immune from individual-capacity suits and that federal courts lack jurisdiction for official-capacity claims due to Article III's case-or-controversy requirement.

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.

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.