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Trade & Procurement
Recent changes
Miller v. Lamanna - Appeal of Dismissal
The Second Circuit 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) dismissal, considering only the complaint's allegations despite extensive discovery. The case is remanded for further proceedings.
Care One LLC v NLRB - 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 affiliated healthcare facilities. The facilities sought to halt NLRB proceedings, arguing the ALJ's appointment was invalid due to a lack of quorum. The court found the plaintiffs could not demonstrate irreparable harm.
Bugliotti v. Republic of Argentina - Sovereign Bond Dispute
The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's dismissal of a bondholder suit against the Republic of Argentina. The court found that some of the bondholders' claims are timely under New York's COVID-era tolling provisions and that they now have authority under Argentine law to sue on defaulted sovereign bonds.
United States v. Woods - Competency to Stand Trial
The Second Circuit affirmed a district court's order extending a defendant's hospitalization beyond the initial four-month period while the government decided whether to seek civil commitment. The court addressed challenges to the order's mootness and the district court's authority to prolong hospitalization.
Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions - Fair Housing Act
The Second Circuit Court of Appeals ruled on a case involving the Connecticut Fair Housing Center and CoreLogic Rental Property Solutions. The court vacated in part, affirmed in part, and reversed in part the lower court's decision regarding claims under the Fair Housing Act and Fair Credit Reporting Act.
GEICO v. Mayzenberg - Insurance Reimbursement Dispute
The Second Circuit Court of Appeals vacated a district court judgment in favor of GEICO in GEICO v. Mayzenberg. The court remanded the case after the New York Court of Appeals clarified that an insurer cannot deny no-fault benefits based solely on alleged professional misconduct that does not involve ceding control of a professional services corporation to an unlicensed party.
Broadcast Music, Inc. v. North American Concert Promoters Association - Antitrust
The Second Circuit 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 and remanded the case for further proceedings.
Golden Mile Associates v. Com. of PA, DOT - Appeal of Municipality of Monroeville
The Commonwealth Court of Pennsylvania issued an opinion in Golden Mile Associates v. Com. of PA, DOT, concerning an appeal by the Municipality of Monroeville regarding governmental immunity. The court quashed the appeal as the trial court's interlocutory order was not appealable.
A.D. Butler v. The Philadelphia Parking Authority - Court Opinion
The Commonwealth Court of Pennsylvania issued a non-precedential opinion affirming a lower court's decision in the case of A.D. Butler v. The Philadelphia Parking Authority. The case involved the impoundment and sale of a vehicle due to delinquent parking tickets.
Venlafaxine XR Recall
Health Canada has issued a Type II recall for VENLAFAXINE XR 75mg capsules due to dissolution testing being out of specification. Retailers are instructed to remove the affected product from shelves. Consumers should consult a healthcare provider before discontinuing use.
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