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Mar-Can Transport v. Pension Fund - ERISA Withdrawal Liability
The Second Circuit affirmed a lower court ruling that reduces Mar-Can Transport's ERISA withdrawal liability by $1.8 million. The decision clarifies the interpretation of "unfunded vested benefits" for multiemployer pension plans when an employer switches to a new union.
SBK ART LLC v. Akin Gump Strauss Hauer & Feld LLP - Discovery for Foreign Litigation
The Second Circuit affirmed a district court's order granting SBK ART LLC's petition for discovery under 28 U.S.C. ยง1782 for use in foreign litigation. The court disagreed with the respondent law firm's argument that discovery should be denied if the documents are not discoverable from the foreign client abroad.
Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions Opinion
The Second Circuit Court of Appeals issued an opinion in Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions. The court vacated in part, affirmed in part, and reversed in part the district court's decision regarding claims of disparate impact discrimination under the Fair Housing Act and violations of the Fair Credit Reporting Act.
US v. Aryeetey - Felon in Possession of Firearm Conviction Affirmed
The Second Circuit Court of Appeals affirmed the conviction and sentence of Ivan Joel 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.
US v Jimenez - 105 Months Prison for Felony Ammo Possession
The Second Circuit Court of Appeals affirmed a district court's sentence of 105 months imprisonment and three years of supervised release for William Jimenez, who pleaded guilty to possessing ammunition after a felony conviction. The court upheld the special conditions of supervised release, including searches of electronic devices and mandatory mental health counseling.
Safdieh v. Commissioner - Tax Court Decision Appeal
The Second Circuit Court of Appeals reversed a Tax Court decision, holding that the Commissioner of Internal Revenue may assess penalties for failure to report foreign business control. The court vacated the Tax Court's order granting summary judgment to the taxpayer and remanded the case for further proceedings.
Competition Tribunal Dismisses Google's Constitutional Challenge
The Competition Tribunal has dismissed Google's constitutional challenge against the Competition Bureau's abuse of dominance litigation. The Tribunal affirmed its authority to impose administrative monetary penalties. The underlying case against Google regarding anti-competitive conduct in online advertising continues.
Galette v. New Jersey Transit Corp. - Sovereign Immunity
The Supreme Court ruled that NJ Transit is not an arm of the State of New Jersey and therefore is not entitled to sovereign immunity. This decision resolves a conflict between state courts and clarifies the application of sovereign immunity to state-created entities.
Supreme Court: Substantial-Evidence Standard for Asylum Persecution Determinations
The Supreme Court ruled that courts of appeals must apply the substantial-evidence standard when reviewing the Board of Immigration Appeals' determination of whether undisputed facts constitute 'persecution' under the Immigration and Nationality Act. This decision clarifies the standard of review for asylum cases.
County of Lancaster, PA v. AFSCME District Council 89 - Labor Arbitration
The Commonwealth Court of Pennsylvania issued an opinion in County of Lancaster, PA v. AFSCME District Council 89, addressing whether a labor arbitration panel had jurisdiction to issue an award concerning impact bargaining due to unforeseen circumstances. The court reviewed the trial court's order denying the union's petition to vacate the arbitration award.
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