US Federal

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

The Second Circuit Court of Appeals affirmed the conviction and sentence of Ivanjoel 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.

Safdieh v. Comm’r - Tax Penalties for Foreign Business Reporting

The Second Circuit Court of Appeals reversed a Tax Court decision, holding that the Commissioner of Internal Revenue may assess penalties for failing to report control of foreign businesses under I.R.C. § 6038(b). This decision allows the IRS to collect the $50,000 in penalties assessed against Joseph Safdieh.

US v. Jimenez - Ammunition Possession Conviction Affirmed

The Second Circuit affirmed a district court's judgment against William Jimenez, who was sentenced to 105 months imprisonment for possessing ammunition after a felony conviction. The court upheld the special conditions of supervised release, including electronic device searches and mental health counseling.

Broadcast Music v. North American Concert Promoters - Antitrust Licensing Fees

The Second Circuit Court of Appeals vacated a district court's decision regarding music licensing fees between Broadcast Music, Inc. (BMI) and 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 - Fair Housing Act

The Second Circuit Court of Appeals vacated in part, affirmed in part, and reversed in part a lower court ruling concerning CoreLogic Rental Property Solutions. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials under the Fair Housing Act, but also found CoreLogic violated 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 order granting SBK ART LLC's petition for discovery in aid of foreign litigation under 28 U.S.C. §1782. The court found that the district court did not abuse its discretion in allowing SBK to seek documents and deposition testimony from Akin Gump Strauss Hauer & Feld LLP for use in European proceedings.

US v. Cardenas - Conspiracy to Import Cocaine

The Second Circuit 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, as he believed he was assisting a Colombian National Police operation. The case is remanded for further proceedings.

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

The Second Circuit affirmed a lower court ruling that requires the Local 854 Pension Fund to reduce Mar-Can Transportation Company's withdrawal liability by $1.8 million. The decision interprets an ERISA provision concerning the transfer of unfunded vested benefits when employees switch unions.

Care One LLC v. NLRB - Unfair Labor Practice Proceedings

The Second Circuit affirmed a district court's denial of a preliminary injunction for Care One LLC and affiliated healthcare facilities seeking to halt NLRB proceedings. The court found that while the plaintiffs raised arguments regarding the ALJ's appointment and removal protections, they failed to demonstrate irreparable harm necessary for injunctive relief.

OSHA Cites Contractor After Fatal Electrocution and Worker Injuries

The U.S. Department of Labor's OSHA has cited Primoris Services Corp. for three serious violations following a fatal electrocution and two injuries at a Florida worksite. OSHA has proposed $49,650 in penalties.