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Recent changes
Broadcast Music, Inc. v. North American Concert Promoters Association - Antitrust
The Second Circuit vacated a district court's decision in Broadcast Music, Inc. v. North American Concert Promoters Association, finding the imposed music 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.
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 copyright management information claims but vacated the dismissal of copyright infringement claims, remanding for further proceedings on DMCA safe harbor issues.
Reidy Contracting Group v. Mt. Hawley Insurance - Insurance Coverage Dispute
The Second Circuit affirmed a district court's ruling that Reidy Contracting Group was an additional insured under Mt. Hawley Insurance Company's excess liability policy. The court held that the Employers Liability Exclusion was ambiguous and must be construed against Mt. Hawley.
Care One LLC v. NLRB - Unfair Labor Practice Proceedings
The US Court of Appeals for the Second Circuit affirmed a district court's denial of a preliminary injunction for Care One LLC and its affiliates. The healthcare facilities sought to halt NLRB proceedings for alleged unfair labor practices, arguing the ALJ was improperly appointed. The appellate court found no irreparable harm, thus denying the injunction.
CFHC v. CoreLogic Rental Property Solutions - Fair Housing Act and FCRA Case
The Second Circuit Court of Appeals ruled in CFHC v. CoreLogic Rental Property Solutions, vacating in part, affirming in part, and reversing in part the district court's decision. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials under the Fair Housing Act, while also affirming a violation of the Fair Credit Reporting Act.
US v. Cardenas - Cocaine Importation Conspiracy Conviction
The Second Circuit Court of Appeals 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 lack of criminal intent, remanding the case for further proceedings.
SBK ART LLC v Akin Gump - 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's argument that discovery should be denied if not discoverable from the foreign client abroad.
US v. Jimenez - Sentencing Appeal Affirmation
The Second Circuit Court of Appeals affirmed the district court's sentencing of William Jimenez to 105 months imprisonment and three years of supervised release. The court found that the challenged special conditions of supervised release were justified and that an appeal waiver barred challenges to the imprisonment term.
United States v. Aryeetey - Felon in Possession of Firearm Conviction
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.
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 judges reviewing license applications are protected by absolute judicial immunity and that federal courts lack jurisdiction over such claims due to Article III's case-or-controversy requirement.
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