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B.B. v. Hochul - Children's Due Process Rights in Foster Care

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 plaintiffs (children removed from parents) have standing to sue over New York's certification scheme for relative foster parents. The court remanded for further proceedings, noting some claims were moot.

US v. Jiminez - Sentence Affirmation for Felony Conviction

The Second Circuit Court of Appeals affirmed the district court's judgment against William Jimenez, upholding his 105-month sentence for possessing ammunition after a felony conviction. The court found no abuse of discretion in the imposed special conditions of supervised release, including electronic device searches and mental health counseling.

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.

Miller v. Lamanna - Appeal of Dismissal

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

Care One LLC v NLRB - Unfair Labor Practices Proceedings

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 despite arguments regarding the NLRB's quorum and ALJ appointment, the plaintiffs could not demonstrate irreparable harm necessary for injunctive relief to halt unfair labor practice proceedings.

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 in aid of foreign litigation under 28 U.S.C. §1782. 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 discoverable from the client abroad.

Peña Garcia v. Department of Labor - Workers' Compensation

The Second Circuit Court of Appeals denied a petition for review filed by Luis Peña Garcia, who sought reimbursement for medical cannabis edibles under the Longshore and Harbor Workers' Compensation Act. The court affirmed the Department of Labor's decision, citing the Controlled Substances Act's classification of marijuana.

State v. Myers - Consecutive Sentences Upheld

The Ohio Court of Appeals upheld consecutive sentences imposed on Cory Thomas Myers, finding the trial court made the necessary findings under R.C. 2929.14(C)(4). The decision affirms the trial court's sentencing in two consolidated cases involving charges of gross sexual imposition, endangering children, and disseminating matter harmful to juveniles.

American Express Natl. Bank v. Jenkins - Civ.R. 60(B) Relief Denial

The Ohio Court of Appeals denied a motion for relief from judgment under Civ.R. 60(B) based on standing grounds. The court found that the original credit card issuer demonstrated standing and that the debtor's challenge constituted an improper collateral attack on the judgment.

State v. Freed - Plea Withdrawal Denial

The Ohio Court of Appeals reversed a trial court's decision to deny a defendant's motion to withdraw his guilty plea without a hearing. The appellate court found that the trial court abused its discretion and remanded the case for further proceedings.