Recent changes
Safdieh v. Commissioner - Tax Court Summary Judgment Appeal
The Second Circuit Court of Appeals reversed a Tax Court decision, holding that the Commissioner of Internal Revenue may assess penalties for failure to report control of a foreign business. The court vacated the summary judgment granted to the taxpayer, Joseph Safdieh, and remanded the case for further proceedings.
United States v. Aryeetey - Criminal Appeal Decision
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.
Court Opinion on Worker Disability Benefits Appeal
The Second Circuit Court of Appeals denied a petition for review regarding worker disability benefits. The court affirmed the Department of Labor's decision that medical cannabis is not a covered treatment under the Longshore and Harbor Workers' Compensation Act due to its federal Schedule I classification.
Bugliotti v. Republic of Argentina - Sovereign Bond Dispute
The Second Circuit Court of Appeals partially affirmed and vacated a district court's judgment in Bugliotti v. Republic of Argentina. The ruling addresses bondholders' claims for defaulted sovereign bond payments, impacting over $35 million in principal. The court found some claims timely under New York's COVID-era tolling provisions and that bondholders now have authority to sue under Argentine law.
Miller v. Lamanna - Equal Protection Claim Appeal
The Second Circuit vacated a district court's dismissal of a former corrections officer's Equal Protection claim. 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. The case is remanded for further proceedings.
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 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 lower court's denial of summary judgment for a New York City detective, finding he had arguable probable cause for arrest and prosecution. This decision impacts qualified immunity claims for law enforcement officers in similar cases.
Jin v. City of New York - Qualified Immunity Appeal
The Second Circuit Court of Appeals reversed a lower court's decision, finding that New York City police officers were entitled to qualified immunity in a false arrest claim. The court determined there was arguable probable cause for the arrest, overturning the denial of summary judgment.
Sufiyan v. Bondi - Asylum, Withholding Removal, CAT Case
The Second Circuit Court of Appeals reviewed a decision by the Board of Immigration Appeals (BIA) regarding asylum and withholding of removal claims for a Sri Lankan national. The court granted the petition for review in part, remanding the case to the BIA to determine eligibility for asylum and withholding of removal absent the material support bar.
CFHC v. CoreLogic - Housing Discrimination Case Opinion
The Second Circuit Court of Appeals issued an opinion in CFHC v. CoreLogic, 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, but also disagreed with the district court's exclusion of certain defendants. The court also addressed a Fair Credit Reporting Act claim.
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