Powell v. Ocwen Fin. Corp. - ERISA Fiduciary Duties in RMBS Investments

The Second Circuit Court of Appeals partially reversed a district court ruling in Powell v. Ocwen Fin. Corp., finding that mortgages underlying certain residential mortgage-backed securities (RMBS) trust certificates are plan assets under ERISA. The court affirmed that mortgages underlying RMBS notes issued via indenture agreements are not plan assets due to a lack of substantial equity features.

United States v. Rafael Antonio Fabian - Drug Conviction Appeal

The Second Circuit Court of Appeals affirmed a drug conviction and 15-year sentence for Rafael Antonio Fabian but vacated the imposition of standard conditions of supervised release. The court remanded the case for further proceedings to ensure the district court properly informed the defendant of these conditions.

Knapp v. Barclays - Securities Act of 1933 Claims

The Second Circuit affirmed a district court's dismissal of claims against Barclays under the Securities Act of 1933. The court found that a reverse stock split of exchange-traded notes did not constitute a 'sale' under Section 12, and investors failed to trace their notes to a specific registration statement for Section 11 claims.

Parker v. Alexander - NY Law Preemption

The Second Circuit Court of Appeals has certified a question to the New York Court of Appeals regarding whether New York City's Victims of Gender-Motivated Violence Protection Law (VGMVPL) is preempted by New York State's Child Victims Act (CVA) and Adult Survivors Act (ASA). This decision stems from an appeal concerning claims brought under the VGMVPL's revival window.

Leadenhall Capital Partners v Advantage Capital - Preliminary Injunction on Guarantor Assets

The Second Circuit Court of Appeals vacated a district court's preliminary injunction that froze guarantor assets in a debt collection case. The court found that the lenders had not demonstrated a sufficient lien or equitable interest in the guarantors' assets, as required by Supreme Court precedent.

Russell v. Scott - Constitutional Rights Violation Claim

The Second Circuit Court of Appeals affirmed the denial of qualified immunity to a corrections officer accused of sexually abusing a pretrial detainee. The court clarified the distinct legal standards for Fourteenth Amendment claims by pretrial detainees versus Eighth Amendment claims by convicted prisoners, finding the officer's alleged conduct violated clearly established constitutional rights.

Second Circuit Court of Appeals Opinions on Rehearing Denials

The Second Circuit Court of Appeals has denied petitions for rehearing en banc in cases 23-258 and 23-354. While the majority denied the petitions, several judges filed opinions concurring in or dissenting from the denial, indicating significant judicial debate on the underlying issues.

Suarez v. Sullivan - Eighth Amendment Conditions of Confinement and Medical Needs

The Second Circuit Court of Appeals vacated the District Court's grant of summary judgment in Suarez v. Sullivan. The court found genuine disputes of material fact regarding the defendants' knowledge of and disregard for serious risks to the plaintiff's health and well-being, remanding the case for further proceedings.

Asylum, Removal, and CAT Case Opinion

The Second Circuit Court of Appeals granted in part and denied in part a petition for review concerning an immigration case. The court remanded the case to the Board of Immigration Appeals to determine eligibility for asylum and withholding of removal, excluding the material support bar. The petition regarding Convention Against Torture relief was denied.

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 that arguable probable cause existed for the arrest, and that domestic violence reports should be assessed similarly to other criminal activity.