Recent changes
Safdieh v. Commissioner - Tax Penalties 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 foreign business control under I.R.C. ยง 6038(b). The court vacated the Tax Court's order granting summary judgment to the taxpayer, Joseph Safdieh, and remanded the case.
United States v. William Jimenez - Sentencing Appeal
The Second Circuit Court of Appeals affirmed the district court's sentencing of William Jimenez to 105 months imprisonment and three years of supervised release. Jimenez appealed specific conditions of his supervised release and his sentence term, but the court found no abuse of discretion and upheld the appeal waiver.
Reidy Contracting Group LLC v. Mt. Hawley Insurance Company - Insurance Coverage Dispute
The Second Circuit affirmed a district court's judgment, holding that Mt. Hawley Insurance Company must provide additional insured coverage to Reidy Contracting Group LLC. The court found Reidy to be an additional insured and that the Employers Liability Exclusion was ambiguous and thus construed against Mt. Hawley.
McGucken v. Shutterstock, Inc. - Copyright Infringement Appeal
The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's summary judgment in McGucken v. Shutterstock, Inc. The court affirmed the dismissal of the false copyright management information claim but vacated the dismissal of copyright infringement claims, remanding for further proceedings on specific factual issues.
GEICO v. Patel - RICO Act Case
The Second Circuit affirmed a preliminary injunction against Dr. Bhargav Patel and associated entities in a RICO Act case brought by GEICO. The court found that the preliminary injunction was necessary to prevent irreparable harm to GEICO from potential inconsistent judgments and the obscuring of an alleged fraudulent scheme by numerous state collection 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.
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 withdrawal liability under ERISA. The court interpreted a key provision regarding the transfer of unfunded vested benefits when employees switch unions.
CFHC v. CoreLogic Rental Property Solutions - Fair Housing Act and FCRA Case
The Second Circuit Court of Appeals ruled in CFHC v. CoreLogic Rental Property Solutions, vacating in part, affirming in part, and reversing in part a lower court decision. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials based on criminal history, thus failing the disparate impact claim under the Fair Housing Act. The court also affirmed CoreLogic's violation of the Fair Credit Reporting Act.
Kellogg v. Nichols - Concealed Carry License Case
The Second Circuit Court of Appeals amended its opinion in Kellogg v. Nichols, affirming the dismissal of a lawsuit challenging New York's concealed carry license laws. The court held that state judges have absolute judicial immunity for decisions on license applications and that federal courts lack jurisdiction for injunctive or declaratory relief against such judges in their official capacities.
Care One LLC v NLRB - Court Opinion on Labor Practices
The Second Circuit affirmed a district court's denial of a preliminary injunction sought by Care One LLC and its affiliates. The healthcare companies challenged NLRB proceedings against them for alleged unfair labor practices, arguing the ALJ was unlawfully appointed. The court found the plaintiffs failed to demonstrate irreparable harm.
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