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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.
GEICO v. Patel - RICO Case Decision
The Second Circuit Court of Appeals affirmed a preliminary injunction against Dr. Bhargav Patel and associated entities in a RICO case brought by GEICO. The court found that the defendants participated in a scheme to defraud GEICO by exploiting New York's no-fault automobile insurance laws, leading to over $2 million in disputed claims.
NLRB v. Universal Smart Contracts, LLC - Enforcement of Subpoenas
The Second Circuit affirmed in part and dismissed in part a district court order enforcing National Labor Relations Board (NLRB) administrative subpoenas against Universal Smart Contracts, LLC, and related parties. The court found jurisdiction and venue proper but lacked jurisdiction to review the award of attorneys' fees due to a late appeal.
Care One LLC v. NLRB - Second Circuit Opinion on Unfair Labor Practice Proceedings
The Second Circuit affirmed a district court's denial of a preliminary injunction sought by Care One LLC and affiliated healthcare facilities. The facilities challenged NLRB proceedings, arguing the ALJ was improperly appointed and shielded from removal. The appellate court found the plaintiffs could not demonstrate irreparable harm, thus denying the injunction.
Court Rules on Noncitizen Removal Proceedings Deadline
The Second Circuit Court of Appeals granted a petition challenging the Board of Immigration Appeals' denial of a motion to reopen removal proceedings. The court remanded the case, finding the BIA provided insufficient reasons for denying equitable tolling of the 90-day deadline for filing such motions.
US v Boria - Cocaine and Firearm Conviction Appeal
The Second Circuit Court of Appeals affirmed the conviction of Steve Boria for conspiring to distribute cocaine and possessing a firearm. Boria argued the district court erred by not sufficiently inquiring into the effects of his medication during his plea colloquy.
US v. Cardenas - Court of Appeals Decision on Cocaine Importation Conspiracy
The Second Circuit Court of Appeals vacated the conviction of Jey James Roldan Cardenas for conspiracy to import cocaine. The court found that the district court erred in excluding evidence relevant to Roldan's defense of lacking criminal intent, remanding the case for further proceedings.
Appeals Court Rules on Defendant's Trial Competency
The Second Circuit Court of Appeals affirmed a district court's order extending a defendant's hospitalization beyond the initial four-month period while the government determined whether to seek civil commitment. The ruling clarifies the application of statutes governing competency to stand trial.
Duke v. Luxottica - ERISA Class Action Appeal
The Second Circuit Court of Appeals ruled on an ERISA class action against Luxottica. The court held that a former employee has standing to seek plan reformation but not monetary payments to the plan under Section 502(a)(2), and that the effective vindication doctrine precludes mandatory arbitration of that claim.
Second Circuit Rules on Loan Agreement Arbitration Violation
The Second Circuit Court of Appeals ruled on a dispute between Lanesborough 2000, LLC and Nextres, LLC regarding an arbitration award. The court found the contractual waiver of the right to appeal ambiguous and partially affirmed the district court's judgment, while vacating the injunction of a state-court proceeding.
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