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Trade & Procurement
Recent changes
McGucken v. Shutterstock, Inc. - Copyright Infringement Appeal
The Second Circuit Court of Appeals partially affirmed and partially vacated 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.
Pinilla Perez v. Bondi - Noncitizen Removal Proceedings Deadline
The Second Circuit Court of Appeals granted a petition challenging the Board of Immigration Appeals' denial of a motion to reopen removal proceedings. The court found the BIA provided insufficient reasons for denying equitable tolling of the 90-day deadline for filing such motions.
United States v. Woods - Competency to Stand Trial
The Second Circuit affirmed a district court's order extending a defendant's hospitalization beyond the initial four-month period while the government determined whether to seek civil commitment. The court clarified the application of 18 U.S.C. ยง 4241(d)(2)(B) in cases where a defendant is found incompetent to stand trial.
Broadcast Music Inc. v. North American Concert Promoters Association - Antitrust
The Second Circuit Court of Appeals vacated a district court's decision regarding music licensing fees set by Broadcast Music Inc. (BMI) for 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.
B.B. v. Hochul - Child Welfare Certification Challenge
The Second Circuit Court of Appeals reversed in part and affirmed in part a lower court's decision in B.B. v. Hochul. The court found that plaintiffs, children removed from their parents, have standing to challenge New York's certification scheme for relative foster parents, which denied certification based on criminal history or child abuse reports. The court remanded for further proceedings.
Lanesborough 2000, LLC v. Nextres, LLC - Court Opinion on Arbitration Award
The Second Circuit Court of Appeals reviewed a district court's confirmation of an arbitration award between Lanesborough 2000, LLC and Nextres, LLC. The court found the contractual waiver of appeal rights ambiguous and affirmed in part, vacated in part, and remanded the case regarding an injunction of a state-court proceeding.
US v. Cardenas - Cocaine Import Conspiracy Conviction
The Second Circuit Court of Appeals vacated the conviction of Jay James Roldan Cardenas for conspiracy to import cocaine. The court found that the district court erred in excluding evidence crucial to Roldan's defense of lacking criminal intent, remanding the case for further proceedings.
Duke v. Luxottica - ERISA Retirement Plan Class Action Opinion
The Second Circuit Court of Appeals ruled on a class action lawsuit alleging Luxottica's retirement plan violated ERISA by using outdated actuarial assumptions. The court held that the plaintiff has standing to seek plan reformation but not monetary payments to the plan, and that the effective vindication doctrine precludes mandatory arbitration of claims on behalf of the plan.
Reidy Contracting Group v. Mt. Hawley Insurance - Additional Insured Coverage Dispute
The Second Circuit Court of Appeals affirmed a district court ruling that Reidy Contracting Group is an additional insured under Mt. Hawley Insurance Company's excess liability policy. The court held that the Employers Liability Exclusion was ambiguous and must be construed against Mt. Hawley.
Care One LLC v NLRB - Court Opinion on Unfair Labor Practice Proceedings
The Second Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction sought by Care One LLC and its affiliates. The healthcare facilities sought to halt proceedings before the NLRB, arguing the ALJ was improperly appointed and shielded from removal. The court found the plaintiffs could not demonstrate irreparable harm, thus denying the injunction.
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