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Care One LLC v. NLRB - Unfair Labor Practice Proceedings
The Second Circuit affirmed a district court's denial of a preliminary injunction for Care One LLC and affiliated healthcare facilities seeking to halt NLRB proceedings. The court found that while the plaintiffs raised arguments regarding the ALJ's appointment and removal protections, they failed to demonstrate irreparable harm necessary for injunctive relief.
US v. Cardenas - Conspiracy to Import Cocaine
The Second Circuit 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 Cardenas's defense of lacking criminal intent, as he believed he was assisting a Colombian National Police operation. The case is remanded for further proceedings.
Mar-Can Transport vs. Local 854 Pension Fund - ERISA Withdrawal Liability
The Second Circuit affirmed a lower court ruling that requires the Local 854 Pension Fund to reduce Mar-Can Transportation Company's withdrawal liability by $1.8 million. The decision interprets an ERISA provision concerning the transfer of unfunded vested benefits when employees switch unions.
SBK ART LLC v. Akin Gump Strauss Hauer & Feld LLP - Discovery for Foreign Litigation
The Second Circuit affirmed a district court order granting SBK ART LLC's petition for discovery in aid of foreign litigation under 28 U.S.C. ยง1782. The court found that the district court did not abuse its discretion in allowing SBK to seek documents and deposition testimony from Akin Gump Strauss Hauer & Feld LLP for use in European proceedings.
Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions - Fair Housing Act
The Second Circuit Court of Appeals vacated in part, affirmed in part, and reversed in part a lower court ruling concerning CoreLogic Rental Property Solutions. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials under the Fair Housing Act, but also found CoreLogic violated the Fair Credit Reporting Act.
Broadcast Music v. North American Concert Promoters - Antitrust Licensing Fees
The Second Circuit Court of Appeals 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.
US v. Jimenez - Ammunition Possession Conviction Affirmed
The Second Circuit affirmed a district court's judgment against William Jimenez, who was sentenced to 105 months imprisonment for possessing ammunition after a felony conviction. The court upheld the special conditions of supervised release, including electronic device searches and mental health counseling.
Safdieh v. Commโr - Tax Penalties for Foreign Business Reporting
The Second Circuit Court of Appeals reversed a Tax Court decision, holding that the Commissioner of Internal Revenue may assess penalties for failing to report control of foreign businesses under I.R.C. ยง 6038(b). This decision allows the IRS to collect the $50,000 in penalties assessed against Joseph Safdieh.
US 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 - Amended Court Opinion on Firearms Licensing
The Second Circuit Court of Appeals issued an amended opinion in Kellogg v. Nichols, affirming the dismissal of a lawsuit challenging New York's firearms licensing laws. The court upheld judicial immunity for state judges reviewing license applications and found federal jurisdiction lacking for injunctive and declaratory relief claims.
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