Recent changes
Bugliotti v. Argentina - Sovereign Bond Payment Dispute
The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's dismissal of a lawsuit by bondholders against the Republic of Argentina for defaulted sovereign bond payments. The court found that some of the bondholders' claims are timely under New York's COVID-era tolling provisions and that they now have the authority under Argentine law to sue.
Miller v. Lamanna - Appeal of Dismissed Discrimination and Retaliation Claims
The Second Circuit Court of Appeals vacated a district court's dismissal of a former corrections officer's race discrimination and retaliation claims. The appellate court found the district court erred by converting a summary judgment motion into a Rule 12(b)(6) dismissal motion. The case is remanded for further proceedings.
Peña Garcia v. Department of Labor - Workers' Compensation
The Second Circuit Court of Appeals denied a petition for review in Peña Garcia v. Department of Labor. The court upheld the Department of Labor's decision not to require reimbursement for medical cannabis edibles under the Longshore and Harbor Workers' Compensation Act, citing federal law.
Kellogg v. Nichols - Concealed Carry Licenses in New York
The Second Circuit Court of Appeals affirmed the dismissal of a lawsuit challenging New York's concealed carry license laws. The court held that state court judges are absolutely immune from individual-capacity lawsuits for denying license applications and that federal jurisdiction is barred by Article III's case-or-controversy requirement for official-capacity claims.
United States v. Aryeetey - Affirmation of Conviction and Sentence
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. Commissioner - Tax Penalty Assessment
The Second Circuit Court of Appeals reversed a Tax Court decision, holding that the Commissioner of Internal Revenue can assess penalties for failing to report control of a foreign business. This ruling impacts the IRS's collection methods for penalties under I.R.C. § 6038(b).
US v. Jimenez - Appeal of Sentencing Conditions
The Second Circuit affirmed a District Court's judgment against William Jimenez, upholding his 105-month sentence and specific conditions of supervised release. The court found Jimenez's appeal waiver barred his challenge to the imprisonment term and that the special conditions were justified.
Broadcast Music, Inc. v. North American Concert Promoters Association - Antitrust
The Second Circuit vacated a district court's ruling in Broadcast Music, Inc. v. North American Concert Promoters Association, finding the imposed music licensing rates and revenue base definition unreasonable. The court remanded the case for further proceedings, impacting how music licensing fees are determined for concert promoters.
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 the district court's decision in CFHC v. 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, while also affirming a 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 in aid of foreign litigation. The court held that the law firm Akin Gump Strauss Hauer & Feld LLP must produce documents and testimony for use in European proceedings, disagreeing with the firm's argument that such discovery should be limited to what is discoverable from its client abroad.
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