US Courts

Care One LLC v NLRB - Court Opinion

The Second Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction for Care One LLC and its affiliates. The court found that while the merits of the ultra vires claims regarding NLRB appointments and ALJ removal protections were not decided, the plaintiffs failed to demonstrate irreparable harm necessary for injunctive relief.

Peña Garcia v. Department of Labor - Disability Benefits

The Second Circuit Court of Appeals denied a petition for review in Peña Garcia v. Department of Labor, upholding the denial of reimbursement for medical cannabis edibles. The court affirmed that due to marijuana's Schedule I classification under federal law, it has no accepted medical use, precluding coverage under the Longshore and Harbor Workers' Compensation Act.

Safdieh v. Comm'r - Tax Penalties Assessment

The Second Circuit Court of Appeals ruled that the Commissioner of Internal Revenue may assess penalties for failing to report foreign business control under I.R.C. § 6038(b) through administrative assessment, vacating a Tax Court order. This decision impacts how the IRS collects these specific penalties.

US v. Jimenez - 105 Months Imprisonment for Felony Conviction

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 appealed the special conditions of his supervised release and his sentence, but the court found no abuse of discretion and that his appeal waiver barred his sentencing challenge.

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, remanding the case for further proceedings.

Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions

The Second Circuit Court of Appeals vacated in part, affirmed in part, and reversed in part a district court decision concerning CoreLogic Rental Property Solutions. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials based on criminal history, thus failing the disparate impact test under the Fair Housing Act. The court also affirmed CoreLogic's violation of the Fair Credit Reporting 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 for use in foreign litigation. The court disagreed with Akin Gump Strauss Hauer & Feld LLP's argument that discovery should be denied if not discoverable from the foreign client abroad.

US v. Cardenas - Cocaine Import 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 lacking criminal intent, remanding the case for further proceedings.

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.

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

The Second Circuit affirmed a District Court ruling that reduced Mar-Can Transportation Company's ERISA withdrawal liability by $1.8 million. The court interpreted a key ERISA provision regarding the transfer of assets and liabilities when employees switch unions, impacting how withdrawal obligations are calculated for multiemployer pension plans.