Recent changes
State of Louisiana v. C.G. - Bail Rights in Juvenile Cases
The Louisiana Court of Appeal, First Circuit, granted a writ concerning bail rights for juveniles. The court ordered the juvenile court to remove categorical restrictions on the type of security for bond, allowing for various forms of surety beyond cash or commercial bonds.
Safdieh v. Commissioner - Tax Court Summary Judgment Vacated
The Second Circuit Court of Appeals vacated a Tax Court order that granted summary judgment to Joseph Safdieh, ruling that the Commissioner of Internal Revenue may assess penalties under I.R.C. ยง 6038(b) for failing to report foreign business control. The court remanded the case for further proceedings.
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.
Court of Appeals rules on housing discrimination case
The Second Circuit Court of Appeals ruled on a housing discrimination case involving CoreLogic Rental Property Solutions. The court vacated in part, affirmed in part, and reversed in part the district court's decision, impacting claims related to the Fair Housing Act and the Fair Credit Reporting Act.
Second Circuit Rules on Insurance Contract Case
The Second Circuit affirmed a district court ruling that Reidy Contracting Group was an additional insured under Mt. Hawley Insurance Company's policy. The court held that the Employers Liability Exclusion was ambiguous and must be construed against Mt. Hawley, requiring coverage for injuries sustained by workers at a construction site.
McGucken v. Shutterstock, Inc. - Copyright Infringement Appeal
The Second Circuit Court of Appeals partially affirmed and partially vacated a lower court's decision in McGucken v. Shutterstock, Inc. The court affirmed the dismissal of copyright management information claims but vacated the dismissal of copyright infringement claims, remanding for further proceedings.
Second Circuit Rules on Loan Agreement Arbitration Violation
The Second Circuit Court of Appeals ruled on a dispute between Lanesborough 2000, LLC and Nextres, LLC regarding an arbitration award. The court found the contractual waiver of the right to appeal ambiguous and partially affirmed the district court's judgment, while vacating the injunction of a state-court proceeding.
Appeals Court Rules on Defendant's Trial Competency
The Second Circuit Court of Appeals affirmed a district court's order extending a defendant's hospitalization beyond the initial four-month period while the government determined whether to seek civil commitment. The ruling clarifies the application of statutes governing competency to stand trial.
GEICO v. Patel - RICO Case Decision
The Second Circuit Court of Appeals affirmed a preliminary injunction against Dr. Bhargav Patel and associated entities in a RICO case brought by GEICO. The court found that the defendants participated in a scheme to defraud GEICO by exploiting New York's no-fault automobile insurance laws, leading to over $2 million in disputed claims.
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.
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