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Recent changes
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. Comm’r - 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. § 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.
Peña Garcia v. Department of Labor - Workers' Compensation
The Second Circuit Court of Appeals denied a petition for review in Peña 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.
Miller v. Lamanna - Equal Protection Discrimination and Retaliation
The Second Circuit Court of Appeals vacated a district court's dismissal of a former corrections officer's discrimination and retaliation claims. The appellate court found the district court erred by converting a summary judgment motion into a Rule 12(b)(6) dismissal motion, considering only the complaint's allegations.
Bugliotti v. Republic of Argentina - Sovereign Bond Dispute
The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's dismissal of a case brought by bondholders against the Republic of Argentina. The court found that some of the bondholders' claims are timely and that they now have the authority under Argentine law to sue on the defaulted sovereign bonds.
GEICO v. Mayzenberg - Insurance No-Fault Benefits Dispute
The Second Circuit vacated a district court judgment in favor of GEICO, remanding the case of GEICO v. Mayzenberg. The court's decision was based on a ruling from the New York Court of Appeals regarding the interpretation of a no-fault insurance eligibility regulation concerning patient referrals.
Sacaza v. City of New York - Qualified Immunity Ruling
The Second Circuit Court of Appeals reversed a lower court's denial of summary judgment for a New York City detective in a false arrest and malicious prosecution case. The court found that arguable probable cause existed, granting the detective qualified immunity on federal claims.
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