Search

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. The case is remanded for further proceedings.

Safdieh v. Commissioner - Tax Court Ruling on Foreign Business Reporting Penalties

The Second Circuit Court of Appeals reversed a Tax Court ruling, holding that the Commissioner of Internal Revenue can assess penalties for failing to report control of foreign businesses under I.R.C. § 6038(b). The court vacated the Tax Court's summary judgment for the taxpayer and remanded the case for further proceedings.

United States v. Jimenez - Ammunition Possession After Felony Conviction

The Second Circuit affirmed a district court's judgment against William Jimenez, who was convicted of possessing ammunition after a felony conviction. The court found that the special conditions of supervised release, including electronic device searches and mental health counseling, were adequately supported and that Jimenez's appeal waiver barred his challenge to his sentence.

CFHC v. CoreLogic Rental Property Solutions - Fair Housing Act and FCRA Case

The Second Circuit Court of Appeals ruled in CFHC v. CoreLogic Rental Property Solutions, vacating in part, affirming in part, and reversing in part the lower court's decision. 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 FCRA regarding documentation for consumer reports.

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

The Second Circuit vacated a district court's decision regarding music licensing fees between Broadcast Music, Inc. (BMI) and 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.

United States v. Aryeetey - Affirmation of Conviction and Sentence

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.

United States v. Cardenas - Cocaine Importation 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 by excluding evidence relevant to the defendant's intent, potentially impacting the conviction of Jey James Roldan Cardenas. The case is remanded for further proceedings.

Kellogg v. Nichols - Concealed Carry License Case

The Second Circuit affirmed the dismissal of a lawsuit challenging New York's concealed carry license laws. 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.

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 facilities sought to halt NLRB proceedings, arguing the ALJ was improperly appointed and protected. The court found the plaintiffs could not demonstrate irreparable harm, thus affirming the lower court's decision.

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 to aid foreign litigation. The court found 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 foreign client.