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2,117 changes Priority review, last 7 days

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

The Second Circuit affirmed a lower court's decision in Mar-Can Transport v. Local 854 Pension Fund, reducing Mar-Can's ERISA withdrawal liability by $1.8 million. The ruling clarifies the interpretation of "unfunded vested benefits" when an employer transitions between multiemployer pension plans due to union representation changes.

Priority review Enforcement Pensions & Retirement
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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 concert promoters. The court found the imposed rates and expanded definition of gross revenues to be unreasonable, remanding the case for further proceedings.

Priority review Enforcement Antitrust & Competition
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Reidy Contracting Group vs. Mt. Hawley Insurance - Insurance Coverage Dispute

The Second Circuit Court of Appeals affirmed a district court's 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.

Priority review Enforcement Insurance
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Care One LLC v NLRB - Court Opinion on Unfair Labor Practice 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 companies challenged NLRB proceedings, arguing the ALJ was unlawfully appointed. The court found the plaintiffs could not demonstrate irreparable harm, thus denying the injunction.

Priority review Enforcement Employment & Labor
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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 in aid of foreign litigation. The court disagreed with Akin Gump Strauss Hauer & Feld LLP's argument that discovery should be denied if documents are not discoverable from the foreign client abroad.

Priority review Enforcement Judicial Administration
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Connecticut Fair Housing Center v. CoreLogic - Fair Housing Act and FCRA

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 was not covered by the Fair Housing Act as initially argued, the plaintiff failed to establish a prima facie case of disparate impact discrimination. The court also affirmed CoreLogic's violation of the Fair Credit Reporting Act.

Priority review Enforcement Housing
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US v. Jimenez - 105 Months Prison for Felony Conviction

The US Court of Appeals for 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's appeal challenging sentencing conditions and imprisonment term was denied.

Priority review Enforcement Criminal Justice
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Peña Garcia v. Department 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-infused edibles under the Longshore and Harbor Workers' Compensation Act, citing the Controlled Substances Act.

Priority review Enforcement Employment & Labor
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Safdieh v. Commissioner - 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.

Priority review Enforcement Taxation
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US v. Cardenas - Cocaine Import Conspiracy Appeal

The U.S. Court of Appeals for the Second Circuit vacated a conviction for conspiracy to import cocaine. The court found that the district court erred in excluding evidence relevant to the defendant's state of mind, potentially impacting his defense. The case is remanded for further proceedings.

Priority review Enforcement Pharmaceuticals

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