US Courts

US v. Jimenez - 105 Months Prison for Felony Conviction

The US Court of Appeals for the Second Circuit affirmed a district court's judgment sentencing William Jimenez to 105 months imprisonment and three years of supervised release for possessing ammunition after a felony conviction. Jimenez's appeal challenging sentencing conditions and imprisonment term was denied.

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.

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 under 28 U.S.C. §1782 in aid of foreign litigation. The court disagreed with Akin Gump Strauss Hauer & Feld LLP's argument that discovery should be denied if documents are not discoverable from the foreign client abroad.

US v. Aryeetey - Felon in Possession of Firearm Conviction Affirmed

The Second Circuit Court of Appeals affirmed the conviction and sentence of Ivan Joel 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 concert promoters. The court found the imposed rates and expanded definition of gross revenues to be unreasonable, remanding the case for further proceedings.

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

The Second Circuit affirmed a lower court's decision in Mar-Can Transport v. Local 854 Pension Fund, reducing Mar-Can's ERISA withdrawal liability by $1.8 million. The ruling clarifies the interpretation of "unfunded vested benefits" when an employer transitions between multiemployer pension plans due to union representation changes.

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

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

Care One LLC v NLRB - Court Opinion on 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 its affiliates. The healthcare companies challenged NLRB proceedings, arguing the ALJ was unlawfully appointed. The court found the plaintiffs could not demonstrate irreparable harm, thus denying the injunction.

Kellogg v. Nichols - Amended Opinion on Judicial Immunity and Firearms Licensing

The Second Circuit Court of Appeals issued an amended opinion in Kellogg v. Nichols, affirming the dismissal of a lawsuit challenging New York's firearms licensing laws. The court held that state court judges are absolutely immune from individual-capacity lawsuits for their decisions on license applications and that federal courts lack jurisdiction for official-capacity claims under Article III's case-or-controversy requirement.

Connecticut Fair Housing Center v. CoreLogic - Fair Housing Act and FCRA

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 was not covered by the Fair Housing Act as initially argued, the plaintiff failed to establish a prima facie case of disparate impact discrimination. The court also affirmed CoreLogic's violation of the Fair Credit Reporting Act.