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Recent changes
US v. Woods - Competency to Stand Trial Ruling
The Second Circuit affirmed a district court's order extending a defendant's hospitalization beyond the initial four-month period for competency restoration. The ruling clarifies the application of 18 U.S.C. § 4241(d)(2)(B) regarding continued hospitalization when a defendant is found incompetent to stand trial.
Duke v. Luxottica - ERISA Retirement Plan Class Action
The Second Circuit Court of Appeals ruled on an ERISA class action against Luxottica, concerning allegations of outdated actuarial assumptions in calculating retirement plan benefits. The court affirmed the plaintiff's standing for plan reformation but reversed the monetary payment claim, and held that the effective vindication doctrine precludes mandatory arbitration for claims on behalf of the plan.
McGucken v. Shutterstock, Inc. - Copyright Infringement Appeal
The Second Circuit Court of Appeals affirmed in part and vacated in part a district court's ruling in McGucken v. Shutterstock, Inc. The court affirmed the dismissal of the false copyright management information claim but vacated the dismissal of copyright infringement claims, remanding for further proceedings.
Reidy Contracting Group vs Mt. Hawley Insurance - Insurance Coverage Dispute
The Second Circuit affirmed a district court ruling that Mt. Hawley Insurance Company must provide additional insured coverage to Reidy Contracting Group. The court found Reidy to be an additional insured under Mt. Hawley's excess liability policy issued to subcontractor Vanquish Contracting Corporation, and that the Employers Liability Exclusion did not bar coverage due to ambiguity.
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. §1782 for use in foreign litigation. The court disagreed with Akin Gump Strauss Hauer & Feld LLP's argument that discovery should be denied if not discoverable from the foreign client.
Mar-Can Transport v. Local 854 Pension Fund - ERISA Withdrawal Liability
The Second Circuit affirmed a lower court's decision, reducing Mar-Can Transportation Company's withdrawal liability from the Local 854 Pension Fund by $1.8 million. The ruling interprets an ERISA provision concerning asset and liability transfers when an employer changes union representation.
CFHC v. CoreLogic Rental Property Solutions - Fair Housing Act and FCRA
The Second Circuit Court of Appeals ruled on a case involving alleged violations of the Fair Housing Act and the Fair Credit Reporting Act by CoreLogic Rental Property Solutions. The court vacated in part, affirmed in part, and reversed in part the district court's decision, impacting how rental screening practices are evaluated under these laws.
United States v. Jimenez - Sentencing Appeal
The Second Circuit Court of Appeals affirmed the district court's sentencing of William Jimenez to 105 months imprisonment and three years of supervised release. Jimenez appealed three special conditions of his supervised release, but the court found they were adequately supported by the record.
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.
Safdieh v. Commissioner - Tax Penalties
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 foreign business control. The court vacated the lower court's order and remanded the case for further proceedings.
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