US Courts

Duke v. Luxottica - ERISA Retirement Plan Class Action Opinion

The Second Circuit Court of Appeals ruled on a class action lawsuit alleging Luxottica's retirement plan violated ERISA by using outdated actuarial assumptions. The court held that the plaintiff has standing to seek plan reformation but not monetary payments to the plan, and that the effective vindication doctrine precludes mandatory arbitration of claims on behalf of the plan.

US v. Cardenas - Cocaine Import Conspiracy Conviction

The Second Circuit Court of Appeals vacated the conviction of Jay James Roldan Cardenas for conspiracy to import cocaine. The court found that the district court erred in excluding evidence crucial to Roldan's defense of lacking criminal intent, remanding the case for further proceedings.

Lanesborough 2000, LLC v. Nextres, LLC - Court Opinion on Arbitration Award

The Second Circuit Court of Appeals reviewed a district court's confirmation of an arbitration award between Lanesborough 2000, LLC and Nextres, LLC. The court found the contractual waiver of appeal rights ambiguous and affirmed in part, vacated in part, and remanded the case regarding an injunction of a state-court proceeding.

B.B. v. Hochul - Child Welfare Certification Challenge

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

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.

Galette v. New Jersey Transit Corp. - Sovereign Immunity

The Supreme Court ruled that NJ Transit is not an arm of the State of New Jersey and therefore is not entitled to sovereign immunity. This decision resolves a conflict between state courts and clarifies the application of sovereign immunity to state-created entities.

Supreme Court: Substantial-Evidence Standard for Asylum Persecution Determinations

The Supreme Court ruled that courts of appeals must apply the substantial-evidence standard when reviewing the Board of Immigration Appeals' determination of whether undisputed facts constitute 'persecution' under the Immigration and Nationality Act. This decision clarifies the standard of review for asylum cases.

Protect PT & P.R. Wendell v. Twp. of Penn - Land Development Approval

The Commonwealth Court of Pennsylvania affirmed a lower court's decision upholding the approval of a revised land development application for an unconventional natural gas well pad. The court found that the Penn Township Board of Commissioners and the Court of Common Pleas correctly granted preliminary and final approval for EQT Artemis Production, LLC's project.

County of Lancaster, PA v. AFSCME District Council 89 - Labor Arbitration

The Commonwealth Court of Pennsylvania issued an opinion in County of Lancaster, PA v. AFSCME District Council 89, addressing whether a labor arbitration panel had jurisdiction to issue an award concerning impact bargaining due to unforeseen circumstances. The court reviewed the trial court's order denying the union's petition to vacate the arbitration award.

Com. v. Carlton - Appeal of Firearm Statute Constitutionality

The Pennsylvania Superior Court issued a non-precedential decision in Commonwealth v. Carlton, addressing the constitutionality of firearm carrying statutes. The appellant challenged the prohibition on individuals aged 18-20 obtaining a license to carry a firearm. The court affirmed the judgment of sentence.