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Recent changes
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 relevant to Roldan's defense of lacking criminal intent, remanding the case for further proceedings.
United States v. Aryeetey - Felon in Possession of Firearm Conviction Affirmed
The Second Circuit Court of Appeals affirmed the conviction and sentence of Ivan Joel 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.
B.B. v. Hochul - Child Welfare Certification Rights
The Second Circuit Court of Appeals ruled that fourteen children have standing to sue New York over its child welfare certification scheme, which denied relatives certification due to criminal history or child abuse reports. The court reversed in part and affirmed in part, remanding the case for further proceedings.
Broadcast Music v. North American Concert Promoters - Antitrust
The Second Circuit vacated a district court's decision in Broadcast Music, Inc. v. North American Concert Promoters Association, finding the imposed licensing rates and revenue base definition unreasonable. The court remanded the case for further proceedings, impacting how music licensing fees are determined for concert promoters.
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 companies challenged NLRB proceedings for alleged unfair labor practices, arguing the ALJ's appointment was invalid due to a non-quorum NLRB and unconstitutional protections against presidential removal. The appellate court found the plaintiffs failed to demonstrate irreparable harm.
Pinilla Perez v. Bondi - Immigration Law
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 filing deadline.
United States v. Woods - Competency and Hospitalization
The Second Circuit affirmed a district court's order extending a defendant's hospitalization beyond the initial four-month period while the government decided on civil commitment. The court clarified the application of 18 U.S.C. § 4241(d)(2)(B) regarding extended hospitalization for defendants found incompetent to stand trial.
Duke v. Luxottica - ERISA Retirement Plan Class Action
The Second Circuit Court of Appeals ruled on a class action lawsuit against Luxottica regarding its retirement plan. The court held that a former employee 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 LLC v. Mt. Hawley Insurance Company - Insurance Coverage Dispute
The Second Circuit affirmed a district court's decision holding that Reidy Contracting Group LLC was an additional insured under Mt. Hawley Insurance Company's policy. The court found that the Employers Liability Exclusion was ambiguous and must be construed against Mt. Hawley.
SBK ART LLC v. Akin Gump - Discovery for Foreign Litigation
The Second Circuit Court of Appeals affirmed a district court's order granting SBK ART LLC's petition for discovery in aid of foreign litigation under 28 U.S.C. §1782. The court disagreed with Akin Gump's argument that discovery should be denied if not discoverable from the foreign client.
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