US Federal

Ninth Circuit Opinion on Corporate Authority and Jurisdiction in Bankruptcy

The Ninth Circuit Court of Appeals issued an opinion concerning corporate authority and jurisdiction in a bankruptcy case involving Parks Diversified, L.P. The opinion addresses appeals related to the debtor and various holding companies and individuals. The case consolidates multiple appeals concerning these issues.

Safdieh v. Commissioner - Tax Penalties

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 foreign business control. The court vacated the lower court's order and remanded the case for further proceedings.

United States v. 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 three special conditions of his supervised release, but the court found they were adequately supported by the record.

CFHC v. CoreLogic Rental Property Solutions - Fair Housing Act and FCRA

The Second Circuit Court of Appeals ruled on a case involving alleged violations of the Fair Housing Act and the Fair Credit Reporting Act by CoreLogic Rental Property Solutions. The court vacated in part, affirmed in part, and reversed in part the district court's decision, impacting how rental screening practices are evaluated under these laws.

Reidy Contracting Group vs Mt. Hawley Insurance - Insurance Coverage Dispute

The Second Circuit affirmed a district court ruling that Mt. Hawley Insurance Company must provide additional insured coverage to Reidy Contracting Group. The court found Reidy to be an additional insured under Mt. Hawley's excess liability policy issued to subcontractor Vanquish Contracting Corporation, and that the Employers Liability Exclusion did not bar coverage due to ambiguity.

McGucken v. Shutterstock, Inc. - Copyright Infringement Appeal

The Second Circuit Court of Appeals affirmed in part and vacated in part a district court's ruling 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.

US v. Woods - Competency to Stand Trial Ruling

The Second Circuit affirmed a district court's order extending a defendant's hospitalization beyond the initial four-month period for competency restoration. The ruling clarifies the application of 18 U.S.C. § 4241(d)(2)(B) regarding continued hospitalization when a defendant is found incompetent to stand trial.

24-149_opn.pdf

24-149_opn.pdf

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 set by Broadcast Music, Inc. (BMI) for the North American Concert Promoters Association (NACPA). The court found the district court imposed unreasonable rates and an expanded definition of gross revenues, remanding the case for further proceedings.

Lanesborough 2000 LLC v. Nextres LLC - Court Opinion

The Second Circuit Court of Appeals decided Lanesborough 2000 LLC v. Nextres LLC, affirming in part and vacating in part a district court's judgment on an arbitration award. The court found the contractual waiver of the right to appeal ambiguous and remanded the case for further proceedings regarding an injunction of a state-court action.