Recent changes
McGucken v. Shutterstock, Inc. - Copyright Infringement Appeal
The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's ruling in McGucken v. Shutterstock, Inc. The court affirmed the dismissal of claims regarding false copyright management information but vacated the dismissal of copyright infringement claims, remanding for further proceedings on DMCA safe harbor issues.
United States v. Woods - Competency and Hospitalization
The Second Circuit affirmed a district court's order extending a defendant's hospitalization beyond the initial four-month period while the government decided on civil commitment. The court clarified the application of 18 U.S.C. ยง 4241(d)(2)(B) regarding extended hospitalization for defendants found incompetent to stand trial.
United States v. Boria cocaine conspiracy firearm possession appeal
United States v. Boria cocaine conspiracy firearm possession appeal
Broadcast Music v. North American Concert Promoters - Antitrust
The Second Circuit vacated a district court's decision in Broadcast Music, Inc. v. North American Concert Promoters Association, finding the imposed 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.
B.B. v. Hochul - Child Welfare Certification Rights
The Second Circuit Court of Appeals ruled that fourteen children have standing to sue New York over its child welfare certification scheme, which denied relatives certification due to criminal history or child abuse reports. The court reversed in part and affirmed in part, remanding the case for further proceedings.
Lanesborough v. Nextres, LLC - Arbitration Award Appeal
The Second Circuit Court of Appeals reviewed a district court's decision regarding an arbitration award between Lanesborough 2000, LLC and Nextres, LLC. The court affirmed in part the partial confirmation of the award and the award of prejudgment interest, but vacated in part the injunction of a state-court proceeding due to potential conflict with the Anti-Injunction Act.
United States v. Aryeetey - Felon in Possession of Firearm Conviction Affirmed
The Second Circuit Court of Appeals affirmed the conviction and sentence of Ivan Joel 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.
US v. Cardenas - Cocaine Import Conspiracy Conviction
The Second Circuit Court of Appeals vacated the conviction of Jay 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 Retirement Plan Class Action
The Second Circuit Court of Appeals ruled on a class action lawsuit against Luxottica regarding its retirement plan. The court held that a former employee has standing to seek plan reformation but not monetary payments to the plan, and that the effective vindication doctrine precludes mandatory arbitration of claims on behalf of the plan.
Mar-Can Transport Co. v. Local 854 Pension Fund - ERISA Withdrawal Liability
The Second Circuit affirmed a district court's decision in Mar-Can Transport Co. v. Local 854 Pension Fund, reducing Mar-Can's ERISA withdrawal liability by $1.8 million. The ruling clarifies the interpretation of a key ERISA provision regarding the calculation of withdrawal liability when an employer changes pension plans due to union representation changes.
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