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Recent changes
McGucken v. Shutterstock, Inc. - Copyright Infringement Appeal
The Second Circuit Court of Appeals partially affirmed and partially vacated a lower court's decision in McGucken v. Shutterstock, Inc. The court affirmed the dismissal of copyright management information claims but vacated the dismissal of copyright infringement claims, remanding for further proceedings.
Second Circuit Rules on Insurance Contract Case
The Second Circuit affirmed a district court ruling that Reidy Contracting Group was an additional insured under Mt. Hawley Insurance Company's policy. The court held that the Employers Liability Exclusion was ambiguous and must be construed against Mt. Hawley, requiring coverage for injuries sustained by workers at a construction site.
Second Circuit Rules on Loan Agreement Arbitration Violation
The Second Circuit Court of Appeals ruled on a dispute between Lanesborough 2000, LLC and Nextres, LLC regarding an arbitration award. The court found the contractual waiver of the right to appeal ambiguous and partially affirmed the district court's judgment, while vacating the injunction of a state-court proceeding.
Duke v. Luxottica - ERISA Class Action Appeal
The Second Circuit Court of Appeals ruled on an ERISA class action against Luxottica. The court held that a former employee has standing to seek plan reformation but not monetary payments to the plan under Section 502(a)(2), and that the effective vindication doctrine precludes mandatory arbitration of that claim.
Appeals Court Rules on Defendant's Trial Competency
The Second Circuit Court of Appeals 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 ruling clarifies the application of statutes governing competency to stand trial.
Care One LLC v. NLRB - Second Circuit Opinion on Unfair Labor Practice Proceedings
The Second Circuit affirmed a district court's denial of a preliminary injunction sought by Care One LLC and affiliated healthcare facilities. The facilities challenged NLRB proceedings, arguing the ALJ was improperly appointed and shielded from removal. The appellate court found the plaintiffs could not demonstrate irreparable harm, thus denying the injunction.
NLRB v. Universal Smart Contracts, LLC - Enforcement of Subpoenas
The Second Circuit affirmed in part and dismissed in part a district court order enforcing National Labor Relations Board (NLRB) administrative subpoenas against Universal Smart Contracts, LLC, and related parties. The court found jurisdiction and venue proper but lacked jurisdiction to review the award of attorneys' fees due to a late appeal.
GEICO v. Patel - RICO Case Decision
The Second Circuit Court of Appeals affirmed a preliminary injunction against Dr. Bhargav Patel and associated entities in a RICO case brought by GEICO. The court found that the defendants participated in a scheme to defraud GEICO by exploiting New York's no-fault automobile insurance laws, leading to over $2 million in disputed claims.
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 and remanded the case for further proceedings.
B.B. v. Hochul - Child Welfare Certification Rights
The Second Circuit Court of Appeals reversed in part and affirmed in part a district 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 foster and adoptive parents, which denied certification based on criminal history or child abuse reports. The court remanded for further proceedings.
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