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Recent changes
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.
Safdieh v. Commissioner - Tax Court Decision on Foreign Business Reporting Penalties
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 control of foreign businesses. The court vacated the Tax Court's summary judgment for the taxpayer, Joseph Safdieh, who faced a $50,000 penalty.
United States v. William Jimenez - Sentencing Appeal
The Second Circuit affirmed a district court's judgment sentencing William Jimenez to 105 months imprisonment for possessing ammunition after a felony conviction. The court upheld the imposition of special conditions of supervised release, including electronic device searches and mandatory mental health counseling.
United States v. Aryeetey - Felon in Possession of Firearm Conviction Affirmed
The Second Circuit Court of Appeals affirmed the conviction and sentence of Ivanjoel 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.
Kellogg v. Nichols - Concealed Carry License Case Decision
The Second Circuit Court of Appeals affirmed a lower court's dismissal of a lawsuit challenging New York's concealed carry license laws. The court held that state judges are absolutely immune from individual-capacity lawsuits and that federal courts lack jurisdiction for official-capacity claims against them in this context.
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 Department of Labor's decision that medical cannabis is not a covered treatment under the Longshore and Harbor Workers' Compensation Act due to its federal Schedule I classification.
Miller v. Lamanna - Appeal of Dismissal for Failure to State a Claim
The Second Circuit Court of Appeals 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) motion to dismiss, considering only the complaint's allegations.
Bugliotti v. Argentina - Sovereign Bond Default Litigation
The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's dismissal of a lawsuit by bondholders against the Republic of Argentina concerning defaulted sovereign bonds. The court found that some of the bondholders' claims are timely and that they now have the authority under Argentine law to sue.
GEICO v. Mayzenberg - Insurance No-Fault Benefits 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 not involving the ceding of control to an unlicensed party.
Sacaza v. City of New York - False Arrest and Malicious Prosecution Appeal
The Second Circuit Court of Appeals reversed a lower court's denial of summary judgment for NYPD Detective Michael Friedman in a false arrest and malicious prosecution case. The court found that arguable probable cause existed, granting the detective qualified immunity on federal claims.
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