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Recent changes
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.
Mar-Can Transport Co. v. Local 854 Pension Fund - ERISA Withdrawal Liability
The Second Circuit Court of Appeals affirmed a lower court's decision in Mar-Can Transport Co. v. Local 854 Pension Fund, ruling that Mar-Can is entitled to a $1.8 million reduction in its withdrawal liability under ERISA. The court interpreted a key provision regarding the transfer of unfunded vested benefits when employees switch unions.
Court Rules on 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 remanded the case, finding the BIA provided insufficient reasons for denying equitable tolling of the 90-day deadline for filing such motions.
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.
SBK ART LLC v. Akin Gump Strauss Hauer & Feld LLP - Discovery for Foreign Litigation
The Second Circuit affirmed a district court's order granting SBK ART LLC's petition for discovery under 28 U.S.C. ยง1782 for use in foreign litigation. The court disagreed with Akin Gump Strauss Hauer & Feld LLP's argument that discovery should be denied if not discoverable from the foreign client.
OFAC Designates Rwanda Defence Force and Officials; Issues General License
The US Treasury's OFAC has designated the Rwanda Defence Force and four Rwandan officials under its Specially Designated Nationals (SDN) List for actions related to the Democratic Republic of the Congo. OFAC also issued DRC-related General License 1 to authorize the wind-down of transactions involving the Rwanda Defence Force.
NY AG Releases Top 10 Consumer Complaints and Fraud Categories of 2025
New York Attorney General Letitia James released the top 10 consumer complaints received in 2025, highlighting fraud in retail, housing, automobile, internet, and banking. The notice also provides tips for consumers to avoid scams and urges reporting of fraudulent practices.
Com. v. Metzgar - Criminal Sentencing Appeal
The Pennsylvania Superior Court affirmed the judgment of sentence for Ralph Metzgar, who appealed the discretionary aspects of his sentence for rape by forcible compulsion. The court also granted counsel's petition to withdraw. The appeal concerns a non-precedential decision.
Com. v. Ishler - Criminal Appeal
The Pennsylvania Superior Court issued a non-precedential opinion affirming the dismissal of George Gene Ishler Jr.'s second PCRA petition. The court found that Ishler's claims did not meet the exceptions to the PCRA's one-year time bar.
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