US Courts

B.B. v. Hochul - Child Foster Care Certification Rights

The Second Circuit Court of Appeals reversed in part and affirmed in part a district court's dismissal in B.B. v. Hochul. The court found that plaintiffs, children removed from their parents, have standing to challenge New York's foster care certification scheme, which denied relatives certification due to criminal history or child abuse reports. The court remanded for further proceedings.

US v. Cardenas - Cocaine Importation Conspiracy Conviction

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 lack of criminal intent, remanding the case for further proceedings.

CFHC v. CoreLogic Rental Property Solutions - Fair Housing Act and FCRA Case

The Second Circuit Court of Appeals ruled in CFHC v. CoreLogic Rental Property Solutions, vacating in part, affirming in part, and reversing in part the district court's decision. 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 affirming a violation of the Fair Credit Reporting Act.

Peña Garcia v. Dept 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 edibles under the Longshore and Harbor Workers' Compensation Act, citing marijuana's Schedule I status under federal law.

Care One LLC v. NLRB - Unfair Labor Practice Proceedings

The US Court of Appeals for the Second Circuit affirmed a district court's denial of a preliminary injunction for Care One LLC and its affiliates. The healthcare facilities sought to halt NLRB proceedings for alleged unfair labor practices, arguing the ALJ was improperly appointed. The appellate court found no irreparable harm, thus denying the injunction.

Safdieh v. Commissioner - Tax Court Judgment Vacated

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 found the Commissioner can collect these penalties through administrative assessment rather than needing to go to federal district court.

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

The Second Circuit Court of Appeals affirmed a lower court ruling, reducing Mar-Can Transportation Company's withdrawal liability from the Local 854 Pension Fund by $1.8 million. The decision clarifies the interpretation of an ERISA provision concerning asset and liability transfers when an employer changes pension plans due to union representation changes.

Reidy Contracting Group v. Mt. Hawley Insurance - Insurance Coverage Dispute

The Second Circuit affirmed a district court's ruling that Reidy Contracting Group was an additional insured under Mt. Hawley Insurance Company's excess liability policy. The court held that the Employers Liability Exclusion was ambiguous and must be construed against Mt. Hawley.

US v. Jimenez - Sentencing Appeal Affirmation

The Second Circuit Court of Appeals affirmed the district court's sentencing of William Jimenez to 105 months imprisonment and three years of supervised release. The court found that the challenged special conditions of supervised release were justified and that an appeal waiver barred challenges to the imprisonment term.

McGucken v. Shutterstock, Inc. - Copyright Infringement Appeal

The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's ruling in McGucken v. Shutterstock, Inc. The court affirmed the dismissal of copyright management information claims but vacated the dismissal of copyright infringement claims, remanding for further proceedings on DMCA safe harbor issues.