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Recent changes
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.
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.
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.
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.
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.
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.
McGucken v. Shutterstock, Inc. - Copyright Infringement Appeal
The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's ruling in McGucken v. Shutterstock, Inc. The court affirmed the dismissal of copyright management information claims but vacated the dismissal of copyright infringement claims, remanding for further proceedings.
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.
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.
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.
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