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B.B. v. Hochul - Children's Rights in Foster Care Certification
The Second Circuit Court of Appeals ruled in B.B. v. Hochul that plaintiffs, children removed from their parents, have standing to challenge New York's certification scheme for foster parents. The court reversed in part and affirmed in part the district court's dismissal, remanding for further proceedings.
Reidy Contracting Group LLC v. Mt. Hawley Insurance Company - Insurance Coverage Dispute
The Second Circuit affirmed a lower court ruling that Mt. Hawley Insurance Company must provide additional insured coverage to Reidy Contracting Group LLC. The court held that Reidy was an additional insured and that the Employers Liability Exclusion was ambiguous and thus construed against Mt. Hawley.
SBK ART LLC v. Akin Gump - Discovery for Foreign Litigation
The Second Circuit Court of Appeals affirmed a district court's 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 discovery from Akin Gump Strauss Hauer & Feld LLP, even though the documents might not be discoverable from the foreign client.
CFHC v. CoreLogic Rental Property Solutions - Fair Housing Act Case
The Second Circuit Court of Appeals ruled in CFHC v. CoreLogic Rental Property Solutions, vacating in part, affirming in part, and reversing in part a lower court decision. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials based on criminal history, thus failing the disparate impact claim under the Fair Housing Act. However, it affirmed CoreLogic violated the Fair Credit Reporting Act regarding conservatorship documentation.
Mar-Can Transport Co. v. Local 854 Pension Fund - ERISA Withdrawal Liability
The Second Circuit affirmed a lower court ruling that Mar-Can Transport Co. is entitled to a $1.8 million reduction in withdrawal liability from the Local 854 Pension Fund. The decision clarifies the interpretation of an ERISA provision regarding asset and liability transfers when an employer withdraws from a multiemployer pension plan due to union representation changes.
US v. Cardenas - Cocaine Import Conspiracy Conviction Vacated
The U.S. Court of Appeals for 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, remanding the case for further proceedings.
US v. Jimenez - Appeal of Sentence Conditions
The Second Circuit affirmed a 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 and that his appeal waiver barred his challenge to the imprisonment term.
Peรฑa Garcia v. Department of Labor - Workers' Compensation
The Second Circuit Court of Appeals denied a petition for review in Peรฑa Garcia v. Department of Labor. The court affirmed the denial of reimbursement for medical cannabis edibles under the Longshore and Harbor Workers' Compensation Act, citing the Controlled Substances Act.
Kellogg v. Nichols - Concealed Carry Licenses, New York
The Second Circuit Court of Appeals affirmed the dismissal of a lawsuit challenging New York's concealed carry license laws. The court held that state judges reviewing license applications are protected by absolute judicial immunity and that federal courts lack jurisdiction for injunctive relief claims against them.
Safdieh v. Commissioner of Internal Revenue - Tax Penalties
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, Joseph Safdieh, and remanded the case for further proceedings.
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