US Courts

Jin v. City of New York - Qualified Immunity Appeal

The Second Circuit Court of Appeals reversed a district court's denial of qualified immunity for NYPD officers in a false arrest claim. The court found arguable probable cause existed for the arrest of Guo Hua Jin, overturning the lower court's decision and granting immunity to the officers.

Sufiyan v. Bondi - Asylum Case Review

The Second Circuit Court of Appeals reviewed an asylum case, Sufiyan v. Bondi. The court granted the petition for review in part, remanding the case to the Board of Immigration Appeals to determine asylum eligibility absent the material support bar. The court denied the petition regarding Convention Against Torture relief.

US v. Cardenas - Conspiracy to Import Cocaine

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, as he believed he was assisting a Colombian National Police operation. The case is remanded for further proceedings.

Miller v. Lamanna - Equal Protection Discrimination and Retaliation

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.

SBK ART LLC v. Akin Gump Strauss Hauer & Feld LLP - Discovery for Foreign Litigation

The Second Circuit affirmed a district court order granting SBK ART LLC's petition for discovery in aid of foreign litigation under 28 U.S.C. §1782. The court found that the district court did not abuse its discretion in allowing SBK to seek documents and deposition testimony from Akin Gump Strauss Hauer & Feld LLP for use in European proceedings.

Care One LLC v. NLRB - Unfair Labor Practice Proceedings

The Second Circuit affirmed a district court's denial of a preliminary injunction for Care One LLC and affiliated healthcare facilities seeking to halt NLRB proceedings. The court found that while the plaintiffs raised arguments regarding the ALJ's appointment and removal protections, they failed to demonstrate irreparable harm necessary for injunctive relief.

Mar-Can Transport vs. Local 854 Pension Fund - ERISA Withdrawal Liability

The Second Circuit affirmed a lower court ruling that requires the Local 854 Pension Fund to reduce Mar-Can Transportation Company's withdrawal liability by $1.8 million. The decision interprets an ERISA provision concerning the transfer of unfunded vested benefits when employees switch unions.

Bugliotti v. Republic of Argentina - Sovereign Bond Dispute

The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's dismissal of a case brought by bondholders against the Republic of Argentina. The court found that some of the bondholders' claims are timely and that they now have the authority under Argentine law to sue on the defaulted sovereign bonds.

US 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.

Safdieh v. Comm’r - Tax Penalties for Foreign Business Reporting

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 under I.R.C. § 6038(b). This decision allows the IRS to collect the $50,000 in penalties assessed against Joseph Safdieh.