Recent changes
Peña Garcia v. Department of Labor - Workers' Compensation
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-infused edibles under the Longshore and Harbor Workers' Compensation Act, citing the Controlled Substances Act.
US v Aryeetey - Conviction Appeal Affirmation
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 the admission of DNA evidence and deemed the sentence substantively reasonable.
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 sought by Care One LLC and affiliated healthcare facilities. The facilities challenged 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 of the injunction.
Kellogg v. Nichols - Concealed Carry License Case
The Second Circuit Court of Appeals amended its opinion in Kellogg v. Nichols, a case concerning New York's concealed carry license laws. The court affirmed the dismissal of claims against a state court judge, upholding judicial immunity and federal jurisdiction requirements.
Broadcast Music, Inc. v. North American Concert Promoters Association - Antitrust
The Second 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, remanding the case for further proceedings.
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 in aid of foreign litigation under 28 U.S.C. §1782. 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 discoverable from the firm's client abroad.
B.B. v. Hochul - Due Process Rights of Foster Children
The Second Circuit Court of Appeals reversed in part and affirmed in part a district court's decision in B.B. v. Hochul. The court found that fourteen foster children have standing to sue New York over its certification scheme for relative foster parents, which they allege violates their due process rights. The case is remanded for further proceedings.
CFHC v. CoreLogic Rental Property Solutions - Fair Housing Act and FCRA Case
The Second Circuit Court of Appeals vacated in part, affirmed in part, and reversed in part a district court decision concerning CoreLogic Rental Property Solutions. 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 a Fair Credit Reporting Act claim related to conservatorship documentation.
Sacaza v. City of New York - Qualified Immunity Appeal
The Second Circuit Court of Appeals reversed a lower 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 had arguable probable cause, granting him qualified immunity on federal claims.
GEICO v. Mayzenberg - Insurance No-Fault Benefits Dispute
The Second Circuit vacated a district court judgment in favor of GEICO, remanding the case of GEICO v. Mayzenberg. The court's decision was based on a certified question answered by the New York Court of Appeals, which clarified that an insurer cannot deny no-fault benefits based solely on alleged professional misconduct not amounting to ceding control of a professional services corporation to an unlicensed party.
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