US Courts

B.B. v. Hochul - Children's 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, finding that plaintiffs (children removed from parents) have standing to sue over New York's certification scheme for relative foster parents. The court remanded for further proceedings, noting some claims were moot.

Safdieh v. Commissioner - Tax Court Summary Judgment Granted

The Second Circuit Court of Appeals vacated a Tax Court order that had granted summary judgment to Joseph Safdieh, ruling that the Commissioner of Internal Revenue may assess penalties for failing to report control of a foreign business. The court remanded the case for further proceedings.

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

The Second Circuit affirmed a District Court ruling, directing the Local 854 Pension Fund to reduce Mar-Can Transportation Company's withdrawal liability by $1.8 million. The decision interprets an ambiguous ERISA provision regarding the transfer of unfunded vested benefits when employees switch unions.

Bugliotti v. Argentina - Bondholders Sue for Defaulted Sovereign Bond Payments

The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's dismissal of a case where bondholders sued the Republic of Argentina for defaulted sovereign bond payments. The court found that some of the bondholders' claims are timely under New York law and that they now have the authority under Argentine law to sue.

US v. Aryeetey - Affirmation of Conviction and Sentence

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.

Miller v. Lamanna - Appeal of Dismissal

The Second Circuit vacated a district court's dismissal of a former corrections officer's race 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.

Peña Garcia v. Department of Labor - Workers' Compensation

The Second Circuit Court of Appeals denied a petition for review filed by Luis Peña Garcia, who sought reimbursement for medical cannabis edibles under the Longshore and Harbor Workers' Compensation Act. The court affirmed the Department of Labor's decision, citing the Controlled Substances Act's classification of marijuana.

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 client abroad.

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 court judges are absolutely immune from individual-capacity lawsuits and that federal courts lack jurisdiction for official-capacity claims seeking injunctive or declaratory relief due to Article III's case-or-controversy requirement.

State v. Freed - Plea Withdrawal Denial

The Ohio Court of Appeals reversed a trial court's decision to deny a defendant's motion to withdraw his guilty plea without a hearing. The appellate court found that the trial court abused its discretion and remanded the case for further proceedings.