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Broadcast Music, Inc. v. North American Concert Promoters Association - Antitrust

The Second Circuit vacated a district court's decision in Broadcast Music, Inc. v. North American Concert Promoters Association, finding the imposed music 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.

Peña Garcia v. Dept of Labor - Workers' Compensation

The Second Circuit Court of Appeals denied a petition for review in Peña Garcia v. Department of Labor. The court affirmed the denial of reimbursement for medical cannabis edibles under the Longshore and Harbor Workers' Compensation Act, citing marijuana's Schedule I status under federal law.

SBK ART LLC v Akin Gump - Discovery for Foreign Litigation

The Second Circuit affirmed a district court's order granting SBK ART LLC's petition for discovery under 28 U.S.C. §1782 for use in foreign litigation. The court disagreed with Akin Gump's argument that discovery should be denied if not discoverable from the foreign client abroad.

Mar-Can Transport vs. Local 854 Pension Fund - ERISA Withdrawal Liability

The Second Circuit Court of Appeals affirmed a lower court ruling, reducing Mar-Can Transportation Company's withdrawal liability from the Local 854 Pension Fund by $1.8 million. The decision clarifies the interpretation of an ERISA provision concerning asset and liability transfers when an employer changes pension plans due to union representation changes.

US v. Cardenas - Cocaine Importation Conspiracy Conviction

The Second Circuit Court of Appeals vacated the conviction of Jey James Roldan Cardenas for conspiracy to import cocaine. The court found that the district court erred in excluding evidence relevant to Cardenas's defense of lack of criminal intent, remanding the case for further proceedings.

Care One LLC v. NLRB - Unfair Labor Practice Proceedings

The US Court of Appeals for the Second Circuit affirmed a district court's denial of a preliminary injunction for Care One LLC and its affiliates. The healthcare facilities sought to halt NLRB proceedings for alleged unfair labor practices, arguing the ALJ was improperly appointed. The appellate court found no irreparable harm, thus denying the injunction.

B.B. v. Hochul - Child Foster Care Certification Rights

The Second Circuit Court of Appeals reversed in part and affirmed in part a district court's dismissal in B.B. v. Hochul. The court found that plaintiffs, children removed from their parents, have standing to challenge New York's foster care certification scheme, which denied relatives certification due to criminal history or child abuse reports. The court remanded for further proceedings.

Safdieh v. Commissioner - Tax Court Judgment Vacated

The Second Circuit Court of Appeals vacated a Tax Court order that had granted summary judgment to Joseph Safdieh, ruling that the Commissioner of Internal Revenue may assess penalties for failing to report control of a foreign business. The court found the Commissioner can collect these penalties through administrative assessment rather than needing to go to federal district court.

Smith v. Texas Court of Criminal Appeals - Habeas Corpus

The Texas Court of Criminal Appeals granted habeas corpus relief to Tyler Smith, vacating his conviction for failure to register as a sex offender. The court found that Smith established actual innocence and that his guilty plea was not knowingly and voluntarily entered due to erroneous information about his registration requirements.

EU Organic Production Promotion Call for Proposals

The European Commission has opened a call for proposals under the Promotion of Agricultural Products (AGRIP) programme to increase awareness and recognition of the EU organic production scheme. The deadline for submissions is May 14, 2024.