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Recent changes
Miller v. Lamanna - Appeal of Rule 12(b)(6) Dismissal
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. The case is remanded for further proceedings.
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 over defaulted sovereign bonds. The court found that some of the bondholders' claims are timely under New York's COVID-era tolling provisions and that collateral estoppel does not bar all claims.
Peña Garcia v. Dept of Labor - Workers' Compensation
The Second Circuit Court of Appeals denied a petition for review, upholding the Department of Labor's decision that medical cannabis is not a reimbursable treatment under the Longshore and Harbor Workers' Compensation Act due to its Schedule I classification under the Controlled Substances Act. This ruling affects workers' compensation claims involving medical marijuana.
GEICO v. Mayzenberg - Insurance No-Fault Benefits Dispute
The Second Circuit Court of Appeals vacated its prior judgment and remanded a case involving GEICO's denial of no-fault insurance benefits. The court's decision was based on a certified question answered by the New York Court of Appeals, which clarified the scope of the Eligibility Regulation regarding professional misconduct.
Jin v. City of New York - Qualified Immunity for False Arrest Claim
The Second Circuit Court of Appeals reversed a lower court's decision, holding that New York City Police Officers are entitled to qualified immunity on a false arrest claim. The court found arguable probable cause existed for the arrest, overturning the denial of the officers' motion for summary judgment.
Sacaza v. City of New York - Qualified Immunity Ruling
The Second Circuit Court of Appeals reversed a lower court's denial of summary judgment for a New York City detective, ruling he is entitled to qualified immunity. The court found arguable probable cause for the arrest and prosecution of Dennis Sacaza, overturning the district court's decision and remanding the case.
Sufiyan v. Bondi - Asylum, Withholding, CAT for Sri Lankan National
The Second Circuit Court of Appeals reviewed a case involving a Sri Lankan national denied asylum and withholding of removal due to alleged material support for a designated terrorist organization. The court granted the petition for review in part, remanding the case to the Board of Immigration Appeals to determine eligibility for asylum and withholding of removal absent the material support bar.
United States v. Jimenez - Ammunition Possession After Felony Conviction
The Second Circuit affirmed a district court's judgment against William Jimenez, who was convicted of possessing ammunition after a felony conviction. The court found that the special conditions of supervised release, including electronic device searches and mental health counseling, were adequately supported and that Jimenez's appeal waiver barred his challenge to his sentence.
Broadcast Music, Inc. v. North American Concert Promoters Association - Antitrust
The Second Circuit vacated a district court's decision regarding music licensing fees between Broadcast Music, Inc. (BMI) and the North American Concert Promoters Association (NACPA). The court found the imposed rates and expanded definition of gross revenues to be unreasonable, remanding the case for further proceedings.
Safdieh v. Commissioner - Tax Court Ruling on Foreign Business Reporting Penalties
The Second Circuit Court of Appeals reversed a Tax Court ruling, holding that the Commissioner of Internal Revenue can assess penalties for failing to report control of foreign businesses under I.R.C. § 6038(b). The court vacated the Tax Court's summary judgment for the taxpayer and remanded the case for further proceedings.
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