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Trade & Procurement
Recent changes
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 in aid of foreign litigation under 28 U.S.C. ยง1782. The court held that the district court did not abuse its discretion in allowing discovery from Akin Gump Strauss Hauer & Feld LLP, even though the documents might not be discoverable from the client abroad.
Kellogg v. Nichols - Concealed Carry License Case
The Second Circuit Court of Appeals affirmed the dismissal of a lawsuit challenging New York's concealed carry license laws. The court held that state court judges are absolutely immune from individual-capacity lawsuits and that federal courts lack jurisdiction for official-capacity claims seeking injunctive or declaratory relief due to Article III's case-or-controversy requirement.
US v. Cardenas - Cocaine Import Conspiracy Conviction Vacated
The U.S. Court of Appeals for the Second Circuit vacated the conviction of Jey James Roldan Cardenas for conspiracy to import cocaine. The court found that the district court erred in excluding evidence relevant to Cardenas's defense of lacking criminal intent, remanding the case for further proceedings.
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 - Children's Due Process Rights in Foster Care
The Second Circuit Court of Appeals reversed in part and affirmed in part a district court's decision in B.B. v. Hochul, finding that plaintiffs (children removed from parents) have standing to sue over New York's certification scheme for relative foster parents. The court remanded for further proceedings, noting some claims were moot.
Care One LLC v NLRB - Unfair Labor Practices Proceedings
The Second Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction for Care One LLC and its affiliates. The court found that despite arguments regarding the NLRB's quorum and ALJ appointment, the plaintiffs could not demonstrate irreparable harm necessary for injunctive relief to halt unfair labor practice proceedings.
McGucken v. Shutterstock, Inc. - Copyright Infringement Appeal
The Second Circuit Court of Appeals affirmed in part and vacated in part a lower court's decision in McGucken v. Shutterstock, Inc. The court affirmed the dismissal of copyright management information claims but remanded copyright infringement claims for further proceedings, finding factual issues regarding DMCA safe harbor immunity.
Reidy Contracting Group LLC v. Mt. Hawley Insurance Company - Insurance Coverage Dispute
The Second Circuit affirmed a district court's judgment, holding that Mt. Hawley Insurance Company must provide additional insured coverage to Reidy Contracting Group, LLC. The court found Reidy to be an additional insured and construed an ambiguous Employers Liability Exclusion against Mt. Hawley.
Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions - Fair Housing Act
The Second Circuit Court of Appeals vacated in part, affirmed in part, and reversed in part a district court decision concerning claims that CoreLogic Rental Property Solutions violated the Fair Housing Act and Fair Credit Reporting Act. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials based on criminal history, but also found CoreLogic violated the FCRA regarding conservatorship documentation.
US v. Jiminez - Sentence Affirmation for Felony Conviction
The Second Circuit Court of Appeals affirmed the district court's judgment against William Jimenez, upholding his 105-month sentence for possessing ammunition after a felony conviction. The court found no abuse of discretion in the imposed special conditions of supervised release, including electronic device searches and mental health counseling.
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