Recent changes
Broadcast Music, Inc. v. North American Concert Promoters Association - Antitrust
The 2nd 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 and remanded the case for further proceedings.
Safdieh v. Commissioner - Tax Penalties Assessment
The Second Circuit Court of Appeals reversed a Tax Court decision, holding that the Commissioner of Internal Revenue may assess penalties for failing to report control of foreign businesses. This ruling allows the IRS to collect $50,000 in penalties against Joseph Safdieh through administrative assessment.
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.
Kellogg v. Nichols - Judicial Immunity and Firearms Licensing
The Second Circuit Court of Appeals issued an amended opinion in Kellogg v. Nichols, affirming the dismissal of a lawsuit challenging New York's firearms licensing laws. The court held that state judges are absolutely immune from individual-capacity suits and that federal courts lack jurisdiction for official-capacity claims against them regarding license applications.
Peña Garcia v. Department of Labor - Workers' Compensation Review
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 edibles under the Longshore and Harbor Workers' Compensation Act, citing federal law classifying marijuana as a Schedule I substance.
Miller v. Lamanna - Race Discrimination and Retaliation Appeal
The 2nd Circuit Court of Appeals vacated a district court's dismissal of a former corrections officer's race 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 without considering the full record. The case is remanded for further proceedings.
Bondholders v. Republic of Argentina - Sovereign Bond Default Litigation
The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's dismissal of a lawsuit by bondholders against the Republic of Argentina for defaulted sovereign bond payments. The court found that some of the bondholders' claims are timely and that they now have the authority under Argentine law to sue.
GEICO v. Mayzenberg - Insurance No-Fault Benefits Dispute
The Second Circuit Court of Appeals vacated a district court judgment in favor of GEICO in a no-fault insurance benefits dispute. The court remanded the case for further proceedings after the New York Court of Appeals clarified that an insurer cannot deny payment based on alleged professional misconduct that does not involve ceding control of a professional services corporation to an unlicensed party.
Sacaza v. City of New York - Qualified Immunity Ruling
The Second Circuit Court of Appeals reversed a district 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 was entitled to qualified immunity, reversing the lower court's decision and remanding the case.
United States v. William Jimenez - Sentencing Appeal
The Second Circuit Court of Appeals affirmed the District Court's judgment in the case of United States v. William Jimenez. The court upheld the 105-month sentence and three years of supervised release, including specific conditions related to electronic device searches, community service, and mental health counseling.
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