US Courts

Care One LLC v. NLRB - Second Circuit Opinion on Unfair Labor Practice Proceedings

The Second Circuit affirmed a district court's denial of a preliminary injunction sought by Care One LLC and affiliated healthcare facilities. The facilities challenged NLRB proceedings, arguing the ALJ was improperly appointed and shielded from removal. The appellate court found the plaintiffs could not demonstrate irreparable harm, thus denying the injunction.

Court Rules on Noncitizen Removal Proceedings Deadline

The Second Circuit Court of Appeals granted a petition challenging the Board of Immigration Appeals' denial of a motion to reopen removal proceedings. The court remanded the case, finding the BIA provided insufficient reasons for denying equitable tolling of the 90-day deadline for filing such motions.

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.

McGucken v. Shutterstock, Inc. - Copyright Infringement Appeal

The Second Circuit Court of Appeals partially affirmed and partially vacated a lower court's decision 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.

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 and remanded the case for further proceedings.

US v Boria - Cocaine and Firearm Conviction Appeal

The Second Circuit Court of Appeals affirmed the conviction of Steve Boria for conspiring to distribute cocaine and possessing a firearm. Boria argued the district court erred by not sufficiently inquiring into the effects of his medication during his plea colloquy.

US v. Cardenas - Court of Appeals Decision on Cocaine Importation Conspiracy

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 Roldan's defense of lacking criminal intent, remanding the case for further proceedings.

Duke v. Luxottica - ERISA Class Action Appeal

The Second Circuit Court of Appeals ruled on an ERISA class action against Luxottica. The court held that a former employee has standing to seek plan reformation but not monetary payments to the plan under Section 502(a)(2), and that the effective vindication doctrine precludes mandatory arbitration of that claim.

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

The Second Circuit Court of Appeals affirmed a lower court's decision in Mar-Can Transport Co. v. Local 854 Pension Fund, ruling that Mar-Can is entitled to a $1.8 million reduction in its withdrawal liability under ERISA. The court interpreted a key provision regarding the transfer of unfunded vested benefits when employees switch unions.

GEICO v. Patel - RICO Case Decision

The Second Circuit Court of Appeals affirmed a preliminary injunction against Dr. Bhargav Patel and associated entities in a RICO case brought by GEICO. The court found that the defendants participated in a scheme to defraud GEICO by exploiting New York's no-fault automobile insurance laws, leading to over $2 million in disputed claims.