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Petersen Energía v. Argentine Republic - Securities Expropriation
The Second Circuit affirmed in part and reversed in part the $16.1 billion judgment against Argentina in consolidated shareholder expropriation cases. The appellate court held that shareholders' breach of contract damages claims against the Argentine Republic and YPF S.A. are not cognizable under Argentine law. The case originated from Argentina's expropriation of a majority stake in the Argentine oil and gas company YPF.
Rivera-Perez v. Stover - First Step Act Time Credits Interpretation
The Second Circuit vacated the District of Connecticut's judgment granting habeas corpus relief to Raul Rivera-Perez and remanded with instructions to dismiss as moot. The court held that Section 3632(d)(4)(C) of the First Step Act does not permit earned-time credits to reduce a prisoner's term of supervised release. The case became moot after Rivera-Perez was transferred to a residential reentry center (RRC).
Powell v. Ocwen Financial Corp. - ERISA Fiduciary Duties on RMBS
The Second Circuit held that ERISA plan trustees who invested in residential mortgage-backed securities can pursue breach of fiduciary duty claims against loan servicers for trust certificates but not for notes issued under indenture agreements. The court ruled that mortgages underlying trust certificates are plan assets under 29 CFR 2510.3-101, while those backing indenture notes lack substantial equity features and thus are not plan assets. The appellate court affirmed the Southern District of New York's judgment in part, reversed in part, and remanded for further proceedings.
Fabian appeals crack cocaine conviction, 15-year sentence below guidelines
Fabian appeals crack cocaine conviction, 15-year sentence below guidelines
Vidal v. Venettozzi - Prison Disciplinary Due Process
The Second Circuit vacated and remanded the Southern District of New York's summary judgment in favor of DOCCS officials, holding that Joseph Vidal's 180-270 day disciplinary segregation in the Special Housing Unit constitutes an atypical and significant hardship under Sandin v. Conner, thereby triggering Fourteenth Amendment procedural due process protections. The court rejected the lower court's finding that no liberty interest was implicated.
Waldman v. Palestine Liberation Org. - Terrorism Civil Suit
The Second Circuit issued a decision in Waldman v. Palestine Liberation Organization on March 30, 2026, addressing motions in this long-standing terrorism civil action. The case involves damages claims against the PLO and Palestinian Authority for terrorist attacks. The appellate court ruled on pending motions affecting the parties' rights under the Anti-Terrorism Act.
Ramsay v. Bondi - Immigration Removal Proceedings
The Second Circuit granted John Marcus Ramsay's petition challenging the BIA's denial of his motion to reopen removal proceedings. The court found the BIA misread Ramsay's arguments regarding equitable tolling of filing deadlines and abused its discretion. Ramsay, a 70-year-old Jamaican veteran, was previously removed in 2007 based on a conviction statute later deemed overbroad in United States v. Minter (2023). The court remanded for reconsideration consistent with this opinion.
Petersen Energía v. Argentina - Shareholder Expropriation Damages
The Second Circuit partially reversed a $16.1 billion judgment in favor of Petersen Energía and Eton Park minority shareholders against Argentina and YPF, holding that breach of contract damages claims are not cognizable under Argentine law. The appellate court affirmed in part and reversed in part the district court judgment, remanding for further proceedings.
Rivera-Perez habeas corpus, Second Circuit, March 26
Rivera-Perez habeas corpus, Second Circuit, March 26
Vidal v. Venettozzi - Prison Disciplinary Due Process
The Second Circuit vacated summary judgment for New York DOCCS officials in Vidal v. Venettozzi, holding that 180-270 days of disciplinary segregation in the Special Housing Unit constitutes an atypical and significant hardship triggering Fourteenth Amendment due process protections. The court remanded for further proceedings on Joseph Vidal's claim that he was denied the opportunity to call witnesses and present evidence at his disciplinary hearing.
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