US Courts

B.B. v. Hochul - Due Process Rights in Foster Care

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 plaintiffs, minors in foster care, have standing to sue New York over its certification scheme for foster parents, which they allege violates their due process rights. The case is remanded for further proceedings.

Kellogg v. Nichols - Concealed Carry License Case

The Second Circuit Court of Appeals affirmed the dismissal of a lawsuit challenging New York's concealed carry license laws. The court held that state judges reviewing license applications are protected by absolute judicial immunity and that federal courts lack jurisdiction over such claims under Article III's case-or-controversy requirement.

Miller v. Lamanna - Appeal of Dismissal

The Second Circuit 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, considering only the complaint's allegations despite extensive discovery. The case is remanded for further proceedings.

US v. Cardenas - Cocaine Import Conspiracy Appeal

The Second Circuit Court of Appeals 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, remanding the case for further proceedings.

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 federal law classifying marijuana as a Schedule I substance.

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 sought to halt NLRB proceedings, arguing the ALJ's appointment was invalid due to a lack of quorum. The court found the plaintiffs could not demonstrate irreparable harm.

Mar-Can Transport vs Pension Fund - ERISA Withdrawal Liability

The Second Circuit Court of Appeals affirmed a lower court ruling, directing the Local 854 Pension Fund to reduce Mar-Can Transportation Company's withdrawal liability by $1.8 million. The decision clarifies the interpretation of an ERISA provision concerning the transfer of assets and liabilities when an employer switches multiemployer pension plans.

Broadcast Music, Inc. v. North American Concert Promoters Association - Antitrust

The Second Circuit vacated a district court's decision regarding music licensing fees set by Broadcast Music, Inc. (BMI) for concert promoters. The court found the imposed rates and expanded definition of gross revenues to be unreasonable and remanded the case for further proceedings.

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 bondholder suit against the Republic of Argentina. The court found that some of the bondholders' claims are timely under New York's COVID-era tolling provisions and that they now have authority under Argentine law to sue on defaulted sovereign bonds.

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 under 28 U.S.C. §1782 in aid of 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 the firm's argument that such discovery should be limited to what is discoverable from their client abroad.