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

The Second Circuit Court of Appeals partially reversed a lower court's decision in Powell v. Ocwen Fin. Corp., ruling that mortgages underlying certain residential mortgage-backed securities (RMBS) trust certificates are plan assets under ERISA. The court affirmed that mortgages backing RMBS notes without substantial equity features are not plan assets.

United States v. Fabian - Conviction for Crack Cocaine Distribution

The Second Circuit Court of Appeals affirmed Rafael Antonio Fabian's conviction for crack cocaine distribution but vacated the imposition of standard conditions of supervised release. The court remanded the case for the district court to address the defendant's awareness of these conditions.

Knapp v Barclays - Securities Act of 1933 Claims

The Second Circuit Court of Appeals affirmed a district court's dismissal of claims against Barclays PLC and its executives. The court ruled that a reverse stock split of exchange-traded notes (ETNs) did not constitute a 'sale' under the Securities Act of 1933, and investors failed to trace their post-split ETNs to a specific registration statement, thus upholding the dismissal of claims under Sections 11 and 12 of the Act.

Parker v. Alexander - NY State vs NYC Law Preemption

The Second Circuit Court of Appeals has certified a question of New York law to the New York Court of Appeals regarding the preemption of the New York City Victims of Gender-Motivated Violence Protection Law by state laws like the Child Victims Act and Adult Survivors Act. This decision addresses conflicting district court rulings on the applicability of city-specific revival windows for civil claims.

Leadenhall Capital Partners LLP v. Advantage Capital Holdings - Preliminary Injunction Appeal

The Second Circuit Court of Appeals vacated a district court's preliminary injunction freezing the assets of guarantors in a debt collection case. The court found that the plaintiffs failed to demonstrate a lien or equitable interest in the guarantors' assets, as required by Supreme Court precedent.

Russell v. Scott - Constitutional Rights Violation by Corrections Officer

The Second Circuit Court of Appeals affirmed the District Court's denial of qualified immunity to corrections officer Jason Scott in a case alleging sexual abuse of a pretrial detainee. The court clarified the distinct legal standards for Fourteenth Amendment claims by pretrial detainees versus Eighth Amendment claims by convicted prisoners.

Second Circuit Court of Appeals Opinion on Rehearing En Banc Denial

The Second Circuit Court of Appeals has denied a petition for rehearing en banc in cases 23-258 and 23-354, involving plaintiffs against The Taliban and the Federal Reserve Bank of New York. While the majority denied rehearing, several judges filed opinions concurring or dissenting from the denial.

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

The Second Circuit Court of Appeals vacated the District Court's grant of summary judgment in Suarez v. Sullivan. The appellate court found genuine disputes of material fact regarding the plaintiff's Eighth Amendment claims of deliberate indifference to conditions of confinement and medical needs, remanding the case for further proceedings.

Sufiyan v. Bondi - Asylum Denial Review

The Second Circuit Court of Appeals granted in part the petition for review filed by Mohamed Irshan Mohamed Sufiyan, who sought review of an asylum denial. The court remanded the case to the Board of Immigration Appeals (BIA) to determine if Sufiyan would be eligible for asylum or withholding of removal but for the material support bar. The court denied review of the CAT claim.

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 brought by Guo Hua Jin. The court found arguable probable cause existed for the arrest, and that domestic violence reports should be assessed similarly to other criminal activity.