Recent changes
Safdieh v. Commissioner - Tax Court Summary Judgment Ruling
The Second Circuit Court of Appeals reversed a Tax Court decision, ruling that the Commissioner of Internal Revenue can assess penalties for failing to report control of a foreign business. The court vacated the summary judgment granted to the taxpayer and remanded the case for further proceedings.
United States v. Aryeetey - Affirmation of Conviction and Sentence
The US Court of Appeals for the Second Circuit 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.
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 and remanded the case 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 GEICO v. Mayzenberg. The court found that GEICO could not deny no-fault benefits based on alleged professional misconduct, following a ruling from the New York Court of Appeals. The case is remanded for further proceedings.
Bugliotti v. Republic of Argentina - Sovereign Bond Payment Dispute
The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's dismissal of a bondholder lawsuit against the Republic of Argentina. The court found that some of the bondholders' claims for over $35 million in defaulted principal payments are timely and that they now have the authority under Argentine law to sue.
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 Department of Labor's decision that reimbursement for medicinal cannabis-infused edibles is not covered under the Longshore and Harbor Workers' Compensation Act due to marijuana's Schedule I classification under federal law.
Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions - Fair Housing Act
The Second Circuit Court of Appeals vacated in part, affirmed in part, and reversed in part a lower court decision concerning claims against CoreLogic Rental Property Solutions. The court found the Connecticut Fair Housing Center lacked standing and that while CoreLogic did not violate the Fair Housing Act, Arroyo failed to establish a prima facie case of disparate-impact discrimination.
Care One LLC v NLRB - Unfair Labor Practice Proceedings
The Second Circuit affirmed a district court's denial of a preliminary injunction sought by Care One LLC and affiliated health care facilities. The facilities challenged NLRB proceedings for alleged unfair labor practices, arguing the ALJ was improperly appointed due to a lack of NLRB quorum. The appellate court found the plaintiffs could not demonstrate irreparable harm, thus affirming the lower court's decision.
SBK ART LLC v. Akin Gump - Discovery for Foreign Litigation
The Second Circuit Court of Appeals affirmed a district court's order granting SBK ART LLC's petition for discovery under 28 U.S.C. §1782 to aid foreign litigation. The court held that the law firm Akin Gump Strauss Hauer & Feld LLP must produce documents and testimony for use in European proceedings, disagreeing with Akin's argument that the discovery was not permissible if not directly discoverable from their foreign client.
Miller v. Lamanna - Appeal of Dismissal for Failure to State a Claim
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) motion to dismiss, considering only the complaint's allegations.
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