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Recent changes
United States v. Aryeetey - Affirmation of Conviction and Sentence
The US Court of Appeals for the Second Circuit affirmed the conviction and sentence of Ivanjoel Aryeetey for being a felon in possession of a firearm. The court found no abuse of discretion regarding DNA evidence disclosure and deemed the sentence substantively reasonable.
B.B. v. Hochul - Child Welfare and Due Process Rights
The Second Circuit Court of Appeals reversed in part and affirmed in part a district court's dismissal of a case brought by fourteen children challenging New York's child certification scheme. The court found the plaintiffs have standing to sue, asserting violations of their due process rights to family integrity and freedom from harm.
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 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.
Mar-Can Transport v. Local 854 Pension Fund - ERISA Withdrawal Liability
The Second Circuit affirmed a district court's decision, reducing Mar-Can Transportation Company's ERISA withdrawal liability by $1.8 million. The court interpreted a key ERISA provision regarding the transfer of unfunded vested benefits when employees switch unions, impacting how pension funds calculate withdrawal obligations.
Reidy Contracting Group v. Mt. Hawley Insurance Company - Insurance Dispute
The Second Circuit affirmed a district court's judgment in an insurance dispute between Reidy Contracting Group and Mt. Hawley Insurance Company. The court held that Reidy was an additional insured and that Mt. Hawley's Employers Liability Exclusion was ambiguous and should be construed against Mt. Hawley.
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 was improperly appointed. The court found the plaintiffs could not demonstrate irreparable harm, thus affirming the denial.
US v Jimenez - 105 Months Prison for Felony Ammo Possession
The Second Circuit Court of Appeals affirmed a district court's judgment sentencing William Jimenez to 105 months imprisonment for felony ammunition possession. The court upheld the imposition of special conditions of supervised release, including electronic device searches and mandatory mental health counseling.
Safdieh v. Commissioner - Tax Court Summary Judgment Appeal
The Second Circuit Court of Appeals reversed a Tax Court decision, holding that the Commissioner of Internal Revenue can assess penalties for failure to report control of foreign businesses. The court vacated the Tax Court's summary judgment for the taxpayer, Joseph Safdieh, and remanded the case for further proceedings.
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. The case is remanded for further proceedings.
Peña Garcia v. Director, Office of Workers' Compensation Programs - Workers' Comp
The U.S. Court of Appeals for the Second Circuit denied a petition for review, upholding a Department of Labor decision that denied reimbursement for medical cannabis edibles under the Longshore and Harbor Workers' Compensation Act. The court cited the Controlled Substances Act's classification of marijuana as a Schedule I substance.
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