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Recent changes
Engineering Corp v. Law Corp - Breach of Contract Case Affirmed
The Louisiana Court of Appeal affirmed a lower court's judgment in the case of David C. Flettrich, a Professional Engineering Corporation v. Dudley Debosier, a Professional Law Corporation. The appeal concerned allegations of breach of contract and amounts owed on an open account.
Alonso v. New Orleans Aviation Board - Motion to Remand Granted
The Louisiana Court of Appeal granted a joint motion to remand in Alonso v. New Orleans Aviation Board. The court vacated the district court's judgment of involuntary dismissal and remanded the case for reconsideration, following a joint request from both parties.
McGucken v. Shutterstock, Inc. - Copyright Infringement Appeal
The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's summary judgment in McGucken v. Shutterstock, Inc. The court affirmed the dismissal of the false copyright management information claim but vacated the dismissal of copyright infringement claims, remanding for further proceedings on specific factual issues.
Peña Garcia v. Department of Labor - Disability Claim
The Second Circuit Court of Appeals denied a petition for review in a disability claim case involving Luis Peña Garcia. The court affirmed the Department of Labor's decision that medical cannabis is not a covered treatment under the Longshore and Harbor Workers' Compensation Act due to its Schedule I classification under federal law.
Kellogg v. Nichols - Concealed Carry License Case
The Second Circuit Court of Appeals amended its opinion in Kellogg v. Nichols, affirming the dismissal of a lawsuit challenging New York's concealed carry license laws. The court held that state judges have absolute judicial immunity for decisions on license applications and that federal courts lack jurisdiction for injunctive or declaratory relief against such judges in their official capacities.
United States v. Aryeetey - Felon in Possession of Firearm
The US Court of Appeals for the Second Circuit affirmed the conviction and sentence of Ivan Joel 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.
Safdieh v. Commissioner - Tax Penalties Assessment
The Second Circuit Court of Appeals reversed a Tax Court decision, holding that the Commissioner of Internal Revenue can assess penalties for failing to report foreign business control under I.R.C. § 6038(b). The court vacated the Tax Court's order granting summary judgment to the taxpayer, Joseph Safdieh, and remanded the case.
United States v. William Jimenez - Sentencing Appeal
The Second Circuit Court of Appeals affirmed the district court's sentencing of William Jimenez to 105 months imprisonment and three years of supervised release. Jimenez appealed specific conditions of his supervised release and his sentence term, but the court found no abuse of discretion and upheld the appeal waiver.
Care One LLC v NLRB - Court Opinion on Labor Practices
The Second Circuit affirmed a district court's denial of a preliminary injunction sought by Care One LLC and its affiliates. The healthcare companies challenged NLRB proceedings against them for alleged unfair labor practices, arguing the ALJ was unlawfully appointed. The court found the plaintiffs failed to demonstrate irreparable harm.
GEICO v. Patel - RICO Act Case
The Second Circuit affirmed a preliminary injunction against Dr. Bhargav Patel and associated entities in a RICO Act case brought by GEICO. The court found that the preliminary injunction was necessary to prevent irreparable harm to GEICO from potential inconsistent judgments and the obscuring of an alleged fraudulent scheme by numerous state collection proceedings.
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