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Mar-Can Transport Co. v. Pension Fund - ERISA Withdrawal Liability
The Second Circuit affirmed a District Court ruling that Mar-Can Transportation Company is entitled to a $1.8 million reduction in its ERISA withdrawal liability. The court interpreted a key provision regarding the transfer of unfunded vested benefits when employees switch unions and pension plans.
US v. Cardenas - Cocaine Import Conspiracy Conviction Vacated
The Second Circuit vacated a conviction for conspiracy to import cocaine against Jey James Roldan Cardenas, a Colombian police officer. The court found that the district court erred in excluding evidence relevant to Cardenas's defense of lacking criminal intent, remanding the case for further proceedings.
SBK ART LLC v. Akin Gump Strauss Hauer & Feld LLP - Discovery for Foreign Litigation
The Second Circuit affirmed a district court order granting SBK ART LLC's petition for discovery in aid of foreign litigation under 28 U.S.C. ยง1782. The court found that the district court did not abuse its discretion in allowing SBK to seek documents and testimony from Akin Gump Strauss Hauer & Feld LLP for use in European proceedings.
CFHC v. CoreLogic - Housing Discrimination Case Opinion
The Second Circuit Court of Appeals issued an opinion in CFHC v. CoreLogic, vacating in part, affirming in part, and reversing in part the lower court's decision. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials under the Fair Housing Act, but also disagreed with the district court's exclusion of certain defendants. The court also addressed a Fair Credit Reporting Act claim.
Broadcast Music, Inc. v. North American Concert Promoters Association - Antitrust
The Second Circuit vacated a district court's decision regarding music licensing fees between Broadcast Music, Inc. (BMI) and 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.
US v. Jimenez - Ammunition Possession Conviction Affirmed
The Second Circuit affirmed a district court's judgment against William Jimenez, who was convicted of possessing ammunition after a felony conviction. The court upheld the 105-month sentence and special conditions of supervised release, including electronic device searches and mental health counseling.
Safdieh v. Commissioner - Tax Court Summary Judgment Appeal
The Second Circuit Court of Appeals reversed a Tax Court decision, holding that the Commissioner of Internal Revenue may assess penalties for failure to report control of a foreign business. The court vacated the summary judgment granted to the taxpayer, Joseph Safdieh, and remanded the case for further proceedings.
Bugliotti v. Republic of Argentina - Sovereign Bond Dispute
The Second Circuit Court of Appeals partially affirmed and vacated a district court's judgment in Bugliotti v. Republic of Argentina. The ruling addresses bondholders' claims for defaulted sovereign bond payments, impacting over $35 million in principal. The court found some claims timely under New York's COVID-era tolling provisions and that bondholders now have authority to sue under Argentine law.
GEICO v. Mayzenberg - Insurance No-Fault Benefits Dispute
The Second Circuit Court of Appeals vacated a district court judgment in favor of GEICO in a no-fault insurance benefits dispute. The court remanded the case after the New York Court of Appeals clarified that an insurer cannot deny payment based on alleged professional misconduct that does not involve ceding control of a professional services corporation to an unlicensed party.
Care One LLC v NLRB - Court Opinion on NLRB Proceedings
The Second Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction sought by Care One LLC and its affiliates. The healthcare facilities sought to halt NLRB proceedings, arguing the ALJ's appointment was invalid due to a lack of quorum. The court found that even if the appointment were invalid, the plaintiffs could not demonstrate irreparable harm.
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