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First Florida International LLC v Oleg Semenov PA - Default Judgment Appeal
The Florida Third District Court of Appeal affirmed a trial court's amended final default judgment against First Florida International, LLC, in a case involving a mistaken $300,000 wire transfer. The appellate court found no merit in the appellant's challenges to the judgment, which included damages and attorney's fees.
Lirette v. Adams - Appeals Dismissed
The Louisiana Court of Appeal dismissed appeals in the case of Lirette v. Adams, involving State Farm and Geico. The appeals concerned the district court's determination of insurance coverage for a motor vehicle accident. The disposition was appeals dismissed, with one judge concurring in the result.
United States v. Aryeetey - Felon in Possession of Firearm Appeal
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 Aryeetey's arguments regarding DNA evidence disclosure and sentence reasonableness to be unpersuasive.
U.S. v. Cardenas - Conspiracy to Import Cocaine
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 state of mind, potentially impacting his defense.
B. B. v. Hochul - Child Welfare Certification Challenge
The Second Circuit Court of Appeals ruled that plaintiffs, children removed from their parents, have standing to challenge New York's certification scheme for foster care and adoption. The court reversed in part and affirmed in part the district court's dismissal, remanding for further proceedings.
Broadcast Music, Inc. v. North American Concert Promoters Association - Antitrust
The Second Circuit vacated a district court's decision regarding music licensing fees between Broadcast Music, Inc. (BMI) and the North American Concert Promoters Association (NACPA). The court found the imposed rates and expanded revenue base to be unreasonable, remanding the case for further proceedings.
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 facilities appealed the denial of their motion to halt NLRB proceedings for alleged unfair labor practices, citing issues with the NLRB's quorum and ALJ appointment. The court found the plaintiffs could not demonstrate irreparable harm.
McGucken v Shutterstock Inc. - Copyright Infringement Appeal
The Second Circuit Court of Appeals partially affirmed and partially vacated a lower court's ruling in McGucken v. Shutterstock Inc. The court affirmed the dismissal of the false copyright management information claim but vacated the summary judgment on copyright infringement claims, remanding for further proceedings on specific factual issues.
Lanesborough v. Nextres - Arbitration Award Appeal Decision
The Second Circuit Court of Appeals ruled on an appeal concerning an arbitration award between Lanesborough 2000, LLC and Nextres, LLC. The court affirmed the partial confirmation of the award and the award of prejudgment interest but vacated the injunction of a state-court foreclosure action, remanding for further consideration.
Reidy Contracting Group v. Mt. Hawley Insurance Company - Insurance Coverage Dispute
The Second Circuit affirmed a district court's decision holding that Mt. Hawley Insurance Company must provide additional insured coverage to Reidy Contracting Group. The court found Reidy was an additional insured and that the Employers Liability Exclusion was ambiguous and thus construed against Mt. Hawley.
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