1,574 changes Priority review, last 7 days
Care One LLC v NLRB - Court Opinion
The Second Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction for Care One LLC and its affiliates. The court found that while the merits of the ultra vires claims regarding NLRB appointments and ALJ removal protections were not decided, the plaintiffs failed to demonstrate irreparable harm necessary for injunctive relief.
US v. Cardenas - Cocaine Import 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 lacking criminal intent, remanding the case for further proceedings.
Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions
The Second Circuit Court of Appeals vacated in part, affirmed in part, and reversed in part a district court decision concerning CoreLogic Rental Property Solutions. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials based on criminal history, thus failing the disparate impact test under the Fair Housing Act. The court also affirmed CoreLogic's violation of the Fair Credit Reporting Act.
Safdieh v. Comm'r - Tax Penalties Assessment
The Second Circuit Court of Appeals ruled that the Commissioner of Internal Revenue may assess penalties for failing to report foreign business control under I.R.C. § 6038(b) through administrative assessment, vacating a Tax Court order. This decision impacts how the IRS collects these specific penalties.
US v. Jimenez - 105 Months Imprisonment for Felony Conviction
The Second Circuit affirmed a district court's judgment sentencing William Jimenez to 105 months imprisonment and three years of supervised release for possessing ammunition after a felony conviction. Jimenez appealed the special conditions of his supervised release and his sentence, but the court found no abuse of discretion and that his appeal waiver barred his sentencing challenge.
Mar-Can Transport. Co. v. Local 854 Pension Fund - ERISA Withdrawal Liability
The Second Circuit affirmed a District Court ruling that reduced Mar-Can Transportation Company's ERISA withdrawal liability by $1.8 million. The court interpreted a key ERISA provision regarding the transfer of assets and liabilities when employees switch unions, impacting how withdrawal obligations are calculated for multiemployer pension plans.
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 copyright management information claims but vacated the dismissal of copyright infringement claims, remanding for further proceedings.
Reidy Contracting Group, LLC v. Mt. Hawley Insurance Company - Insurance Coverage Dispute
The Second Circuit affirmed a district court ruling that Reidy Contracting Group, LLC is an additional insured under Mt. Hawley Insurance Company's excess liability policy. The court held that the Employers Liability Exclusion did not bar coverage because it was ambiguous and must be construed against Mt. Hawley.
SBK ART LLC v. Akin Gump Strauss Hauer & Feld LLP - 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 Strauss Hauer & Feld LLP's argument that discovery should be denied if not discoverable from the foreign client abroad.
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, remanding the case for further proceedings.
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