Search

Safdieh v. Commissioner - Tax Court Summary Judgment Ruling

The Second Circuit Court of Appeals reversed a Tax Court decision, ruling that the Commissioner of Internal Revenue can assess penalties for failing to report control of a foreign business. The court vacated the summary judgment granted to the taxpayer and remanded the case for further proceedings.

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.

US v. Cardenas - Cocaine Import Conspiracy Appeal

The Second Circuit 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.

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

The Second Circuit affirmed a lower court ruling, directing the Local 854 Pension Fund to reduce Mar-Can Transportation Company's ERISA withdrawal liability by $1.8 million. The decision clarifies the interpretation of ERISA Section 1415(c) regarding the calculation of withdrawal liability when employees switch unions.

Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions - Fair Housing Act

The Second Circuit Court of Appeals vacated in part, affirmed in part, and reversed in part a lower court decision concerning claims against CoreLogic Rental Property Solutions. The court found the Connecticut Fair Housing Center lacked standing and that while CoreLogic did not violate the Fair Housing Act, Arroyo failed to establish a prima facie case of disparate-impact discrimination.

Care One LLC v NLRB - Unfair Labor Practice Proceedings

The Second Circuit affirmed a district court's denial of a preliminary injunction sought by Care One LLC and affiliated health care facilities. The facilities challenged NLRB proceedings for alleged unfair labor practices, arguing the ALJ was improperly appointed due to a lack of NLRB quorum. The appellate court found the plaintiffs could not demonstrate irreparable harm, thus affirming the lower court's decision.

SBK ART LLC v. Akin Gump - Discovery for Foreign Litigation

The Second Circuit Court of Appeals affirmed a district court's order granting SBK ART LLC's petition for discovery under 28 U.S.C. §1782 to aid foreign litigation. The court held that the law firm Akin Gump Strauss Hauer & Feld LLP must produce documents and testimony for use in European proceedings, disagreeing with Akin's argument that the discovery was not permissible if not directly discoverable from their foreign client.

Bugliotti v. Republic of Argentina - Sovereign Bond Payment Dispute

The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's dismissal of a bondholder lawsuit against the Republic of Argentina. The court found that some of the bondholders' claims for over $35 million in defaulted principal payments are timely and that they now have the authority under Argentine law to sue.

B.B. v. Hochul - Minors' Rights to Family Integrity

The Second Circuit Court of Appeals reversed in part and affirmed in part a district court's decision in B.B. v. Hochul, finding that minors have standing to sue over New York's child certification scheme that allegedly violates their due process rights. The court remanded the case for further proceedings.

Peter Adams v. Entergy - Reversed and Rendered Opinion

The Louisiana Court of Appeal reversed and rendered a trial court judgment against Entergy New Orleans, Inc. The appellate court found Entergy not liable for negligence related to a natural gas leak and personal injuries claimed by plaintiffs. This decision dismisses the plaintiffs' claims with prejudice.