Search

Care One LLC v. NLRB - Unfair Labor Practice Proceedings

The Second Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction for Care One LLC and affiliated health care facilities. The facilities sought to halt NLRB proceedings, arguing the ALJ was improperly appointed due to a lack of quorum. The court found the plaintiffs could not demonstrate irreparable harm, thus affirming the denial.

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 held that the district court did not abuse its discretion in allowing discovery from Akin Gump Strauss Hauer & Feld LLP, even though the documents might not be directly discoverable from the client abroad.

Sacaza v. City of New York - Qualified Immunity Appeal

The Second Circuit Court of Appeals reversed a lower court's denial of summary judgment for a New York City detective in a false arrest and malicious prosecution case. The court found that arguable probable cause existed, entitling the detective to qualified immunity.

Safdieh v. Commissioner - Tax Court Judgment Vacated

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

Miller v. Lamanna - Appeal of Rule 12(b)(6) Dismissal

The Second Circuit Court of Appeals vacated a district court's dismissal of a former corrections officer's discrimination and retaliation claims. The appellate court found the district court erred by converting a summary judgment motion into a Rule 12(b)(6) motion to dismiss, considering only the complaint's allegations.

Bugliotti v. Argentina - Bondholders Sue Over Defaulted Sovereign Bonds

The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's dismissal of a lawsuit by bondholders against the Republic of Argentina over defaulted sovereign bonds. The court found that some of the bondholders' claims are timely under New York's COVID-era tolling provisions and that they now have the authority under Argentine law to sue.

GEICO v. Mayzenberg - Insurance Reimbursement Dispute

The Second Circuit Court of Appeals vacated a lower court ruling that allowed GEICO to deny no-fault insurance reimbursements to healthcare providers based on alleged kickbacks for patient referrals. The court remanded the case for further proceedings following a clarification from the New York Court of Appeals.

Kellogg v. Nichols - Concealed Carry License Application Case

The Second Circuit affirmed the dismissal of a lawsuit challenging New York's concealed carry license application process. The court held that state judges are absolutely immune from individual-capacity suits and that federal courts lack jurisdiction for official-capacity claims due to Article III's case-or-controversy requirement.

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

The Second Circuit 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.

United States v. Aryeetey - Felon in Possession of Firearm Conviction Affirmed

The Second Circuit Court of Appeals affirmed the conviction and sentence of Ivanjoel Aryeetey for being a felon in possession of a firearm. The court found no abuse of discretion in admitting DNA evidence and deemed the sentence substantively reasonable.