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Trade & Procurement
Recent changes
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.
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. § 4241(d)(2)(B) in cases where a defendant is found incompetent to stand trial.
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.
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.
Mar-Can Transport v. Pension Fund - ERISA Withdrawal Liability
The Second Circuit affirmed a lower court ruling that reduces Mar-Can Transport's ERISA withdrawal liability by $1.8 million. The decision clarifies the interpretation of "unfunded vested benefits" for multiemployer pension plans when an employer switches to a new union.
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. §1782 for use in foreign litigation. The court disagreed with the respondent law firm's argument that discovery should be denied if the documents are not discoverable from the foreign client abroad.
Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions Opinion
The Second Circuit Court of Appeals issued an opinion in Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions. The court vacated in part, affirmed in part, and reversed in part the district court's decision regarding claims of disparate impact discrimination under the Fair Housing Act and violations of the Fair Credit Reporting Act.
US 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.
US v Jimenez - 105 Months Prison for Felony Ammo Possession
The Second Circuit Court of Appeals affirmed a district court's sentence of 105 months imprisonment and three years of supervised release for William Jimenez, who pleaded guilty to possessing ammunition after a felony conviction. The court upheld the special conditions of supervised release, including searches of electronic devices and mandatory mental health counseling.
Safdieh v. Commissioner - Tax Court Decision Appeal
The Second Circuit Court of Appeals reversed a Tax Court decision, holding that the Commissioner of Internal Revenue may assess penalties for failure to report foreign business control. The court vacated the Tax Court's order granting summary judgment to the taxpayer and remanded the case for further proceedings.
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