2016 Second Circuit U.S. Court of Appeals Case Law

Beck Chevrolet v. General Motors
Date: December 29, 2016
Docket Number: 13-4066
Ferrari v. County of Suffolk  
Date: December 27, 2016
Docket Number: 15-975

Justia Opinion Summary: Plaintiff was arrested for speeding wildly while drunk and high, and his Ferrari was impounded. After a neutral magistrate ordered that the vehicle be retained by the County, plaintiff filed a claim under 42 U.S.C. 1983,...

Buffalo Transportation Inc. v. United States  
Date: December 22, 2016
Docket Number: 15-3959

Justia Opinion Summary: Buffalo Transportation seeks review of a final order of the OCAHO finding that it had committed substantive violations of Section 274A(b) of the Immigration and Nationality Act (INA), 8 U.S.C. 1324a(b). The OCAHO also af...

ACLU v. US DOJ  
Date: December 20, 2016
Docket Number: 15-2956

Justia Opinion Summary: The ACLU made requests under the Freedom of Information Act (FOIA), 5 U.S.C. 552, seeking information from government agencies regarding drone strikes. In this appeal, the ACLU challenges responses to the FOIA requests m...

United States v. Strong, Jr.  
Date: December 20, 2016
Docket Number: 15-2992

Justia Opinion Summary: Defendant appealed his conviction after pleading guilty to a drug conspiracy count. Prior to the guilty plea, the government filed a prior felony information under 21 U.S.C. 851, alleging that defendant was previously co...

United States v. Huggins  
Date: December 19, 2016
Docket Number: 15-1676

Justia Opinion Summary: Defendant was convicted of wire fraud and conspiracy to commit wire fraud. The district court sentenced defendant to 120 months in prison, entered an order of forfeiture in the amount of $2.4 million, and ordered restitu...

United States v. Leonard  
Date: December 14, 2016
Docket Number: 15-2232

Justia Opinion Summary: In 2008, Leonard pled guilty to conspiracies to distribute 100 or more kilograms of marijuana, 21 U.S.C. 841(a)(1), (b)(1)(B), 846; and to launder the proceeds of that illegal trafficking, 18 U.S.C. 1956(h). While servi...

EMI Christian Music Grp., Inc. et al. v. MP3tunes, LLC et al.
Date: December 13, 2016
Docket Number: 14-4369
Global Reinsurance Corp. of America v. Century Indemnity Co.  
Date: December 8, 2016
Docket Number: 15-2164

Justia Opinion Summary: This appeal arises out of a dispute between Century and Global over the extent to which Global is obligated to reinsure Century pursuant to certain reinsurance certificates. The district court held that the dollar amount...

Trustees of the Upstate New York Engineers Pension Fund v. Ivy Asset Management  
Date: December 8, 2016
Docket Number: 15-3124

Justia Opinion Summary: Plaintiffs, trustees of an Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., pension fund, filed suit against its investment manager and principals alleging that defendants knew by 1998 that inves...

Dancy v. McGinley  
Date: December 7, 2016
Docket Number: 15-140

Justia Opinion Summary: Jarquez Dancy and Jayvon Elting, two high school students, were stopped by Police Officer Gregg McGinley while they were walking on Main Street in Poughkeepsie, New York. A confrontation ensued that left Elting bruised,...

United States v. Brown
Date: December 6, 2016
Docket Number: 13-1706
SEC v. Frohling  
Date: December 6, 2016
Docket Number: 13-3191

Justia Opinion Summary: Defendant John B. Frohling appeals the district court's judgment in an enforcement action brought by the SEC in connection with public offerings of unregistered shares of stock of defendant Greenstone. The district court...

SEC v. Sourlis  
Date: December 6, 2016
Docket Numbers: 14-2301, 15-3978, 14-2937

Justia Opinion Summary: In these consolidated appeals, defendant Virginia K. Sourlis challenges the district court's judgment in an enforcement action brought by the SEC in connection with public offerings of unregistered shares of stock of def...

Church & Dwight Co., Inc. v. SPD Swiss Precision Diagnostics, GmbH
Date: December 5, 2016
Docket Number: 15-2411
United States v. Murshed (Algahaim)  
Date: December 1, 2016
Docket Number: 15-2024

Justia Opinion Summary: Defendants Ahmed A. Algahaim and Mofaddal M. Murshed appealed their convictions for offenses concerning the misuse of benefits under the Supplemental Nutrition Assistance Program (SNAP, formerly food stamps). The court a...

United States v. Gilliam  
Date: December 1, 2016
Docket Number: 15-387

Justia Opinion Summary: Defendant was convicted of offenses concerning sex trafficking of a minor and was sentenced to 240 months in prison. The principal issue on appeal is whether information from a GPS can be obtained and used without a warr...

Strubel v. Comenity Bank  
Date: November 23, 2016
Docket Number: 15-528

Justia Opinion Summary: Plaintiff filed a putative class action against Comenity to recover statutory damages for violations of the Truth in Lending Act (TILA), 15 U.S.C. 1601 et seq. The district court concluded that plaintiff failed, as a mat...

Constellation Brands, U.S. Operations, Inc. v. NLRB  
Date: November 21, 2016
Docket Number: 15-2442

Justia Opinion Summary: The Union filed a petition seeking to represent Constellation’s outside cellar employees as a bargaining unit. Constellation subsequently refused to bargain with the Union and the Union filed an unfair-labor-practice cha...

United States v. Powers  
Date: November 21, 2016
Docket Number: 15-3867

Justia Opinion Summary: Defendant appealed his sentence and conviction after pleading guilty to thirteen counts of child‐pornography‐related offenses. Defendant challenged the actual basis supporting his plea as to one of the thirteen counts an...

Infrassure, Ltd. v. First Mutual Transportation Assurance Co.  
Date: November 16, 2016
Docket Number: 16-306

Justia Opinion Summary: Parties to a facultative reinsurance certificate differ as to which of two arbitration provisions govern the resolution of a dispute that has arisen between them. First Mutual, the ceding company, sought to compel its re...

Gevorkyan v. Judelson  
Date: November 15, 2016
Docket Number: 15-3249

Justia Opinion Summary: Plaintiffs appealed the district court's conclusion that defendant, a licensed bail bond agent, was entitled to retain the bond premium in this case even though bail was denied. The court certified to the Court of Appeal...

Garcia v. Superintendent of Great Meadow Correctional Facility  
Date: November 10, 2016
Docket Number: 16-2863

Justia Opinion Summary: Petitioner, pro se, moves for leave to file a successive 28 U.S.C. 2254 petition challenging his 2009 New York conviction for burglary and sexual abuse. Petitioner filed multiple section 2254 petitions in the past challe...

Upstate Citizens for Equality v. United States  
Date: November 9, 2016
Docket Numbers: 15-1688, 15‐1726

Justia Opinion Summary: Plaintiffs filed these lawsuits challenging the federal government's decision in 2008 to give the Oneida Indian Nation of New York over approximately 13,000 acres of land in central New York. The district court granted s...

Sanford v. United States  
Date: November 9, 2016
Docket Number: 16-1840

Justia Opinion Summary: Petitioner seeks leave to file a successive 28 U.S.C. 2255 motion to challenge his 2007 sentence for Hobbs Act robbery, in violation of 18 U.S.C. 1951. Petitioner, in his plea agreement, agreed “not to file an appeal or...

United States v. Bruno
Date: November 8, 2016
Docket Number: 03-1349
Chauca v. Abraham
Date: November 8, 2016
Docket Number: 15-1777
Cross Commerce Media, Inc. v. Collective, Inc.  
Date: November 7, 2016
Docket Number: 15-782

Justia Opinion Summary: CI owns the registered marks ʺCollective Network,ʺ ʺCollective Video,ʺ and ʺC Collective The Audience Engine,ʺ a stylized mark in which the word ʺCollectiveʺ appears most prominently. CCM operates under the name ʺCollect...

Friends of The East Hampton Airport v. Town of East Hampton  
Date: November 4, 2016
Docket Number: 15-2334

Justia Opinion Summary: The parties cross appeal the district court's grant in part and denial in part of a motion for a preliminary injunction to bar enforcement of three local laws restricting operations at a public airport located in and own...

Lowinger v. Morgan Stanley  
Date: November 3, 2016
Docket Number: 14-3800

Justia Opinion Summary: Plaintiff filed suit alleging claims under the Securities Exchange Act of 1934, 15 U.S.C. 78p(b), against, inter alia, Lead Underwriters. Plaintiff sought to hold Lead Underwriters liable under Section 16(b) for disgorge...

Vasconcelos v. Lynch  
Date: November 2, 2016
Docket Number: 15-1308

Justia Opinion Summary: Petitioner, a citizen of Portugal and native of Angola, seeks review of DHS's order of removal that was issued without a hearing on the ground that he waived the right to challenge removal by submitting an Electronic Sys...

Chauca v. Abraham  
Date: November 1, 2016
Docket Number: 15-1777

Justia Opinion Summary: Plaintiff prevailed in a jury trial on her claim of pregnancy discrimination. On appeal, plaintiff challenges the district court's decision denying plaintiff's request to provide a jury instruction on punitive damages un...

United States v. Rosemond  
Date: November 1, 2016
Docket Number: 15-940

Justia Opinion Summary: Defendant was convicted of murder for hire and related charges. Defendant argues on appeal that the district court erred in ruling that certain defense arguments would open the door to the admission of statements made du...

Mitchell v. The City of New York  
Date: October 28, 2016
Docket Number: 14-0767

Justia Opinion Summary: Plaintiffs filed suit alleging 42 U.S.C. 1983 claims for false arrest, malicious prosecution, abuse of process, and excessive force. Plaintiffs were arrested at a party after officers suspected that plaintiffs were tresp...

Lawrence v. Sol G. Atlas Realty Co., Inc.  
Date: October 28, 2016
Docket Number: 15-3087

Justia Opinion Summary: Plaintiff, a union employee, filed suit alleging that his employer discriminated against him on the basis of his race and/or national origin, and retaliated against him. At issue on appeal is whether the collective barga...

EMI Christian Music Group, Inc. v. MP3tunes, LLC  
Date: October 25, 2016
Docket Number: 14-4369

Justia Opinion Summary: Plaintiffs filed a copyright infringement suit against MP3tunes and its founder and CEO, alleging that two internet music services created by MP3tunes infringed their copyrights in thousands of sound recordings and music...

United States v. Prevezon Holdings, Ltd.  
Date: October 17, 2016
Docket Number: 16-132

Justia Opinion Summary: Hermitage challenges the district court's denial of its motion to disqualify counsel for Prevezon. The underlying litigation arises out of a 2013 civil forfeiture action brought by the United States alleging that Prevezo...

Arch Trading Corp. v. Republic of Ecuador  
Date: October 14, 2016
Docket Number: 15-2065

Justia Opinion Summary: Plaintiffs, five entities incorporated in the British Virgin Islands, filed suit against the Republic of Ecuador and two of Ecuador's instrumentalities, CFN and Trust, claiming that an agency of the Republic of Ecuador u...

United States v. Marinello  
Date: October 14, 2016
Docket Number: 15-2224

Justia Opinion Summary: Defendant, the owner and operator of a freight service that couriered items to and from the United States and Canada, was found guilty of nine counts of tax-related offenses. Defendant was charged with violating 26 U.S.C...

TCA Television Corp. v. McCollum  
Date: October 11, 2016
Docket Number: 16-134

Justia Opinion Summary: In this copyright infringement suit, plaintiffs challenged the district court's determination that defendants’ verbatim use of a portion of Abbott and Costello’s iconic comedy routine, "Who’s on First?," in the recent Br...

United States v. Bennett
Date: October 7, 2016
Docket Number: 15-0024
Pasternack v. Lab. Corp.
Date: October 6, 2016
Docket Number: 14-4101
United States v. Bennett  
Date: October 6, 2016
Docket Number: 15-0024

Justia Opinion Summary: Defendant pled guilty to one count of possession of child pornography and then appealed his sentence of 84 months in prison. Defendant argued that the district court erred in calculating the Guidelines range by imposing...

Smith v. Barnesandnoble.com, LLC  
Date: October 6, 2016
Docket Number: 15-3508

Justia Opinion Summary: Plaintiff, the widow of Louis K. Smith, who authored and copyrighted a book entitled "The Hardscrabble Zone," filed suit alleging direct and contributory copyright infringement by Barnes & Noble. Barnes & Noble, under li...

Process America v. Cynergy Holdings  
Date: October 5, 2016
Docket Number: 15-2081

Justia Opinion Summary: Process America filed suit against Cynergy for breach of contract and Cynergy counterclaimed, alleging, inter alia, that Process America improperly solicited its customers. The district court held that although both part...

Li v. Lynch  
Date: October 5, 2016
Docket Number: 15-219

Justia Opinion Summary: Petitioner, a native and citizen of the People's Republic of China, seeks review of the BIA's order affirming the IJ's denial of her application for asylum, withholding of removal, and relief under the Convention Against...

United States v. Jones
Date: October 3, 2016
Docket Number: 15-1518
Hill v. Delaware North Co. Sportservice  
Date: October 3, 2016
Docket Number: 15-2109

Justia Opinion Summary: Plaintiffs worked at the concessions at Oriole Park, the home field of the Baltimore Orioles. Plaintiffs filed suit seeking overtime compensation under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq. DNC Sport...

Garnett v. Undercover Officer C0039  
Date: September 30, 2016
Docket Number: 15-1489

Justia Opinion Summary: Plaintiff and Undercover Officer C0039’s (UC 39) appeal from the district court's judgment finding UC 39 liable for denying plaintiff his right to a fair trial by fabricating evidence in connection with criminal charges...

GAMCO v. Vivendi  
Date: September 27, 2016
Docket Number: 13-1194

Justia Opinion Summary: This appeal stems from the same set of underlying facts as those in In re Vivendi S.A. Securities Litigation, Nos. 15‐180‐cv(L), 15‐208‐cv(XAP), in which the court today issued a separate opinion. GAMCO, so-called "value...

In re Vivendi, S.A. Secs. Litig.  
Date: September 27, 2016
Docket Number: 15-180

Justia Opinion Summary: Plaintiffs, investors in Vivendi's stock during the relevant time period, filed a class action suit against Vivendi, alleging that Vivendi’s persistently optimistic representations during the relevant period constituted...

McCullough v. World Wrestling Entm't  
Date: September 27, 2016
Docket Numbers: 16-1231, 16-1237

Justia Opinion Summary: WWE, relying on the court's decision in Hageman v. City Investing Co., moved to dismiss these appeals on the ground that other consolidated cases remained pending in the district court. Because the McCullough and Haynes...

United States v. American Express Co.  
Date: September 26, 2016
Docket Number: 15-1672

Justia Opinion Summary: Amex appealed from the district court's decision finding that it unreasonably restrained trade in violation of section 1 of the Sherman Act, 15 U.S.C. 1, by entering into agreements containing nondiscriminatory provision...

FTC v. LeadClick Media, LLC  
Date: September 23, 2016
Docket Number: 15-1009

Justia Opinion Summary: The FTC and the State filed suit seeking to hold LeadClick liable for its role in the use of deceptive websites to market weight loss products in violation of Section 5 of the Federal Trade Commission Act (FTC Act), 15 U...

United States v. Sheehan  
Date: September 23, 2016
Docket Number: 15-1028

Justia Opinion Summary: Defendant was convicted of extortion and use of a destructive device to commit extortion. Defendant's conviction arose out of his plot to extort money from Home Depot by placing a device purporting to be an inert “model”...

Lanier v. Bats Exchange, Inc.  
Date: September 23, 2016
Docket Number: 15-1683

Justia Opinion Summary: Plaintiff subscribes to data feeds through which the Exchanges provide information about securities traded on the Exchanges to an exclusive securities information processor pursuant to a plan approved by the SEC. The Pro...

Fountain v. Karim  
Date: September 23, 2016
Docket Number: 15-3429

Justia Opinion Summary: Plaintiff filed suit for damages against a government employee and the government under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b), 2671-80, and New York law. The claims arose out of a traffic accident involvi...

Harrison v. Republic of Sudan
Date: September 22, 2016
Docket Number: 14-121
United States v. Harris  
Date: September 22, 2016
Docket Number: 15-1774

Justia Opinion Summary: Defendant plead guilty to conspiracy to traffic in narcotics and was sentenced to 188 months in prison and five years of supervised release. On appeal, defendant challenged the revocation of his supervised release and im...

United States v. Daugerdas  
Date: September 21, 2016
Docket Number: 14-2437

Justia Opinion Summary: Defendant appealed his conviction for one count of conspiracy to defraud the IRS, four counts of client tax evasion, one count of IRS obstruction, and one count of mail fraud. The court concluded that the evidence was su...

In Re: Vitamin C Antitrust Litig.  
Date: September 20, 2016
Docket Number: 13-4791

Justia Opinion Summary: A multi-district antitrust class action was brought by plaintiffs against defendants, entities incorporated under the laws of China, alleging that defendants conspired to fix the price and supply of vitamin C sold to U.S...

In re AIG Securities Litig.  
Date: September 20, 2016
Docket Number: 14-4067

Justia Opinion Summary: This case concerns employee benefits plans sponsored by AIG or its affiliates under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq. At issue is whether the Plans are "affiliates" of AI...

B.C. v. Mount Vernon Sch. Dist.  
Date: September 16, 2016
Docket Number: 14-3603

Justia Opinion Summary: Plaintiffs, individually and on behalf of their respective daughters J.C. and T.H., filed suit against District Defendants and NYSED Defendants. Plaintiffs claim that the district court erred in concluding that plaintiff...

Betances v. Fischer  
Date: September 16, 2016
Docket Number: 15-2836

Justia Opinion Summary: Plaintiffs, offenders who had been subject to post-release supervision (PRS) in violation of Earley v. Murray, filed suit against defendants for the actions they took in violation of Earley I and moved for summary judgme...

Chesapeake Energy v. Bank of New York Mellon Trust  
Date: September 15, 2016
Docket Number: 15-2366

Justia Opinion Summary: The principal issue in this appeal is whether the district court correctly determined the measure of compensation due to Noteholders, represented by BNY Melon, arising from the underpayment to the Noteholders by Chesapea...

Montesa v. Schwartz  
Date: September 12, 2016
Docket Number: 14-3721

Justia Opinion Summary: Plaintiffs, students who are currently enrolled in the District's public school system, filed suit alleging that a majority of the School Board are of the Orthodox/Hasidic Jewish faith or are sympathetic to the interests...

Church & Dwight Co. v. SPD Swiss Precision Diagnostics  
Date: September 9, 2016
Docket Number: 15-2411

Justia Opinion Summary: Defendant, a marketer of over-the-counter pregnancy test kits, was found liable for false advertising in violation of section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). Plaintiff, a leading competing marketer of over-th...

Marvel Entm't, LLC v. Comm'r  
Date: September 7, 2016
Docket Number: 15-3335

Justia Opinion Summary: Marvel challenges the tax court's grant of summary judgment for the Commissioner. At issue is whether Marvel's consolidated group must reduce its consolidated net operating loss (CNOL) under I.R.C. 108(b)(2)(A) by the to...

In re Set-Top Cable Television Box Antitrust Litig.  
Date: September 2, 2016
Docket Number: 11-2512

Justia Opinion Summary: Time Warner filed suit alleging a violation of the Sherman Act, 15 U.S.C. 1 et seq., in the tying of certain premium cable television services to the leasing of ʺinteractiveʺ set‐top cable boxes. The district court dismi...

United States v. Greenberg  
Date: August 31, 2016
Docket Number: 14-4208

Justia Opinion Summary: Defendant appealed his conviction of wire fraud, access device fraud, aggravated identity theft, and money laundering in connection with a scheme to make unauthorized credit card charges to the credit cards of customers...

United States v. Cunningham  
Date: August 31, 2016
Docket Number: 14-4425

Justia Opinion Summary: Defendant was convicted of participating in a robbery conspiracy (Count One) and using and carrying firearms during and in relation to the robbery conspiracy (Count Two). The district court cited Michigan v. Long and det...

Sokolow v. Palestine Liberation Org.  
Date: August 31, 2016
Docket Number: 15-3135

Justia Opinion Summary: Eleven American families filed suit against the PLO and the PA under the Anti-Terrorism Act (ATA), 18 U.S.C. 2333(a), for various terror attacks in Israel that killed or wounded plaintiffs or their families. A jury award...

United States v. Boykin  
Date: August 30, 2016
Docket Number: 14-851

Justia Opinion Summary: Defendant was convicted of participating in a racketeering enterprise and conspiracy, and a narcotics conspiracy. Defendant was also convicted of two counts of possession of a firearm in furtherance of a crime of violenc...

Griffin v. Sirva Inc.  
Date: August 30, 2016
Docket Number: 15-1307

Justia Opinion Summary: Plaintiffs, two former employees of Astro, filed suit against Astro, Allied, and Sirva, alleging violations of the New York State Human Rights Law (NYSHRL), N.Y. Exec. 296(15). The court noted that this case presents the...

Moss v. First Premier Bank  
Date: August 29, 2016
Docket Number: 15-2513

Justia Opinion Summary: Plaintiff signed an arbitration agreement providing that any disputes between her and her payday lender would be resolved by arbitration before the National Arbitration Forum (NAF). When plaintiff tried to take her case...

Vasquez v. Empress Ambulance Serv.  
Date: August 29, 2016
Docket Number: 15-3239

Justia Opinion Summary: Plaintiff filed suit under Title VII of the Civil Rights Act, 42 U.S.C. 2000e et seq., and the New Your State Human Rights Law, N.Y. Exec. Law 290 et seq., alleging that she was wrongfully terminated in retaliation for c...

Nowakowski v. New York  
Date: August 26, 2016
Docket Number: 14-1964

Justia Opinion Summary: Petitioner was convicted of harassment in the second degree, an offense classified as a violation under state law, and sentenced to one year’s conditional discharge, requiring one day of community service. Before complet...

El-Nahal v. Yassky  
Date: August 26, 2016
Docket Number: 14-405

Justia Opinion Summary: Plaintiff, a New York City taxi driver, filed suit under 42 U.S.C. 1983 against the United States alleging that the New York City Taxi and Limousine Commission (TLC) deprived him of his Fourth Amendment rights in various...

Nicosia v. Amazon.com, Inc.  
Date: August 25, 2016
Docket Number: 15-423

Justia Opinion Summary: After plaintiff purchased a "1 Day Diet" weight loss product containing sibutramine, a controlled substance that had been removed from the market in October 2010, on Amazon.com, he filed suit alleging claims under the Co...

United States v. Lee  
Date: August 24, 2016
Docket Number: 11-2539

Justia Opinion Summary: Defendants Hisan Lee, Delroy Lee, Selbourne Waite, and Levar Gayle appealed from convictions on various charges of racketeering, narcotics conspiracy, Hobbs Act conspiracy, and substantive counts of Hobbs Act robbery and...

Ricciuti v. Gyzenis  
Date: August 24, 2016
Docket Number: 12-432

Justia Opinion Summary: Plaintiff filed suit against defendants alleging that she was terminated for exercising her First Amendment right to free speech when she spoke to local leaders about what she saw as a "scam" occurring in the police depa...

Licci v. Lebanese Canadian Bank  
Date: August 24, 2016
Docket Number: 15-1580

Justia Opinion Summary: Plaintiffs filed suit under the Alien Tort Statute (ATS), 28 U.S.C. 1350, seeking to hold LCB, a Lebanese bank headquartered in Beirut, liable for providing international financial services to Hezbollah that they claim f...

Pierotti v. Walsh  
Date: August 24, 2016
Docket Number: 15-1944

Justia Opinion Summary: Petitioner suffers from a hearing impairment that requires him to use hearing aids, but those aids were broken during petitioner's trial for murder. Although petitioner told his trial counsel that he could not hear durin...

United States v. Edwards  
Date: August 24, 2016
Docket Number: 15-741

Justia Opinion Summary: Defendant appealed the revocation of his supervised release on his 2010 conviction for conspiring to traffic in cocaine and marijuana and sentence of 24 months in prison. The court concluded that where, as here, post‐sup...

Kovaco v. Rockbestos-Surprenant Cable Corp.  
Date: August 22, 2016
Docket Number: 15-2037

Justia Opinion Summary: Plaintiff appealed the district court's partial grant of summary judgment to his former employer, Rockbestos, on his claims of hostile work environment and discriminatory discharge. The court held that it lacked appellat...

Georges v. United Nations  
Date: August 18, 2016
Docket Number: 15-455

Justia Opinion Summary: Plaintiffs, citizens of the United States and Haiti, filed suit against the UN, asserting various causes of action sounding in tort and contract, seeking to hold defendants responsible for injuries directly resulting fro...

United States v. Stevenson  
Date: August 17, 2016
Docket Number: 14-1862

Justia Opinion Summary: Defendant Eric Stevenson is a former Member of the New York State Assembly representing a district in the Bronx. Stevenson was convicted of conspiracy to commit honest servies wire fraud, conspiracy to commit federal pro...

United States v. Lange  
Date: August 15, 2016
Docket Number: 14-2442

Justia Opinion Summary: Defendants Russell and Lange were found guilty of conspiracy to commit wire fraud and securities fraud (Count Two) and substantive securities fraud (Count Three). The jury also found Russell guilty of conspiracy to commi...

Mago Int’l, LLC v. LHB AG  
Date: August 15, 2016
Docket Number: 15-2776

Justia Opinion Summary: Mago appealed from an order in which judgment was entered in favor of LHB after resolution of cross‐motions for summary judgment. Principally at issue is whether Mago complied with terms of a standby letter of credit iss...

Doe v. United States  
Date: August 11, 2016
Docket Number: 15-1967

Justia Opinion Summary: Seven years after her term of probation ended, petitioner moved to have her conviction for health care fraud expunged because her conviction prevented her from getting or keeping a job as a home health aide. At issue is...

Doscher v. Sea Port  
Date: August 11, 2016
Docket Number: 15-2814

Justia Opinion Summary: Petitioner commenced arbitration against his former employers, who are both members of FINRA. This appeal stems from the dismissal of a petition to vacate an arbitral award pursuant to section 10 of the Federal Arbitrati...

Tapper v Hearn  
Date: August 10, 2016
Docket Number: 15-2249

Justia Opinion Summary: Plaintiffs filed suit challenging the constitutionality of certain contribution restrictions within New York City's campaign finance laws. Plaintiffs claimed that the laws’ restrictions on contributions unduly burdened t...

MacDermid Printing Sols. LLC v. Cortron Corp.  
Date: August 10, 2016
Docket Number: 15-589

Justia Opinion Summary: Cortron appealed the district court's award of damages pursuant to a jury verdict of MacDermid on its claims for violations of federal and Connecticut antitrust laws, breach of contract, misappropriation of trade secrets...

In re Aluminum Warehousing Antitrust Litig.  
Date: August 9, 2016
Docket Number: 14-3574

Justia Opinion Summary: Appellants claim that some aluminum futures traders, having acquired some operators of aluminum warehouses, manipulated a price component for aluminum in the Detroit metro area. The district court dismissed the complaint...

Torres v. United States  
Date: August 9, 2016
Docket Number: 16-124

Justia Opinion Summary: Petitioner seeks a certificate of appealability to challenge the district court’s order denying his Fed. R. Civ. P. 60(d) motion to set aside the court’s order denying his 28 U.S.C. 2255 motion.  In Kellogg v. Strack, th...

Chevron Corp. v. Donziger  
Date: August 8, 2016
Docket Number: 14-0826

Justia Opinion Summary: Defendants, the Donziger Firm and others, appealed the district court's grant of certain relief against them in favor of Chevron, in connection with an $8.646 billion judgment obtained against Chevron in Ecuador by the L...

United States v. Lee  
Date: August 8, 2016
Docket Number: 15-458

Justia Opinion Summary: Defendant appealed his conviction for theft of government property in violation of 18 U.S.C. 641. Defendant principally argues that his conviction of a section 641 felony violated the Grand Jury Clause of the Fifth Amend...

United States v. Epskamp  
Date: August 5, 2016
Docket Number: 15-2028

Justia Opinion Summary: Defendant appealed his conviction for conspiring to possess with intent to distribute a controlled substance on board an aircraft registered in the United States and possessing with intent to distribute a controlled subs...

United States v. Jiamez-Dolores  
Date: August 3, 2016
Docket Number: 14-1840

Justia Opinion Summary: Defendants Jiamez-Dolores and Degante-Galeno were convicted of crimes related to their involvement in a prostitution ring, which involved four separate brothels and a delivery service by which women would be driven direc...

United States v. Hill  
Date: August 3, 2016
Docket Number: 14-3872

Justia Opinion Summary: Defendant appealed his conviction for a firearm-related murder committed in the course of a crime of violence under 18 U.S.C. 924(c), in this case, Hobbs Act robbery, as defined in 18 U.S.C. 1851(b)(1). The court held th...

In re McCray, Richardson, Santana, Wise, and Salaam Litigation  
Date: August 3, 2016
Docket Number: 15-1887

Justia Opinion Summary: FBK moved to dismiss for lack of appellate jurisdiction SHW's appeal from the district court's ruling on motions by SHW relating to its entitlement to attorneys' fees as former counsel to certain plaintiffs in the underl...

Corporacion Mexicana De Mantenimiento Integral v. Pemex-Exploracion  
Date: August 2, 2016
Docket Number: 13-4022

Justia Opinion Summary: COMMISA contracted with PEP to build oil platforms in the Gulf of Mexico. When the parties accused each other of breach of contract, COMMISA initiated arbitration proceedings, prevailed, and obtained an award of approxim...

Perez v. The City of New York  
Date: August 2, 2016
Docket Number: 15-315

Justia Opinion Summary: Several active and former Assistant Urban Park Rangers (AUPRs) employed by the City's Parks Department alleged that they, and others similarly situated, were not paid in accordance with the requirements of the Fair Labor...

United States v. Caraballo  
Date: August 1, 2016
Docket Number: 12-3839

Justia Opinion Summary: Defendant appealed his conviction for conspiring to distribute cocaine base, possessing a firearm in furtherance of a drug trafficking crime, and causing the death of Melissa Barratt. Defendant contends that the "pinging...

United States v. Greenfield  
Date: August 1, 2016
Docket Number: 15-543

Justia Opinion Summary: Years after Steven Greenfield was implicated in tax evasion as a result of a document leak, the Government issued a summons for Greenfield’s records, including documents relating to all of Greenfield’s financial accounts...

Doe v. Columbia University  
Date: July 29, 2016
Docket Number: 15-1536

Justia Opinion Summary: Plaintiff, a Columbia University student, appealed the dismissal of his amended complaint for failure to state a claim. Plaintiff alleged that the University violated Title IX of the Education Amendments of 1972, 20 U.S....

Urbont v. Sony Music Entm't  
Date: July 29, 2016
Docket Number: 15-1778

Justia Opinion Summary: Plaintiff, a composer and music producer, filed a copyright suit against Sony, Razor Sharp Records, and Dennis Coles, a/k/a Ghostface Killah, to enforce plaintiff's claimed ownership rights in the "Iron Man" theme song....

Wright v. New York State Dep’t of Corr.  
Date: July 29, 2016
Docket Number: 15-3168

Justia Opinion Summary: Defendant, a mobility‐impaired inmate who suffers from cerebral palsy and scoliosis, filed suit against DOCCS under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., and Section 504 of the R...

Guerra v. Shanahan  
Date: July 29, 2016
Docket Number: 15-504

Justia Opinion Summary: Respondents appealed the district court's grant of petitioner's petition for a writ of habeas corpus and order that petitioner be granted an individual bond hearing before an immigration judge. The district court found t...

Blow v. United States
Date: July 29, 2016
Docket Number: 16-1530
United States v. Jones  
Date: July 21, 2016
Docket Number: 15-1518

Justia Opinion Summary: Defendant was convicted of assaulting a federal officer and sentenced as a career offender principally to 180 months in prison to be followed by three years of supervised release. The court concluded that, after the Supr...

Orchard Hill Master Fund v. SBAC Corp.  
Date: July 21, 2016
Docket Number: 15-3462

Justia Opinion Summary: Plaintiffs owned two convertible notes issued by SBAC. After converting the notes into equity and/or cash, plaintiffs filed a breach of contract claim, alleging that SBAC failed to pay the interest owed on the underlying...

Kirschenbaum v. 650 Fifth Avenue and Related Properties  
Date: July 20, 2016
Docket Number: 14-1963

Justia Opinion Summary: Plaintiffs, victims of terrorist acts linked to the Islamic Republic of Iran, contend that they are entitled to enforce unsatisfied money judgments against defendants under the Foreign Sovereign Immunities Act (FSIA), 28...

In re 650 Fifth Avenue and Related Properties  
Date: July 20, 2016
Docket Number: 14-2027

Justia Opinion Summary: Claimants-Appellants appealed an award of summary judgment which forfeited to the United States various claimants’ interests in multiple properties, including a 36‐story office building located at 650 Fifth Avenue in Man...

United States v. Compton  
Date: July 19, 2016
Docket Number: 15-942

Justia Opinion Summary: Defendant appealed the denial of his motion to suppress 145 pounds of marijuana discovered in his vehicle by border patrol agents. Defendant argued that the agents seized him and searched his vehicle in violation of his...

Fuentes v. Griffin  
Date: July 15, 2016
Docket Number: 14-3878

Justia Opinion Summary: Petitioner, convicted of rape and sodomy in the first degree, appealed the denial of his amended 28 U.S.C. 2254 petition for habeas relief. The petition is based on the grounds that the prosecution suppressed a psychiatr...

Mazzei v. Money Store  
Date: July 15, 2016
Docket Number: 15-2054

Justia Opinion Summary: Plaintiff filed a class action against The Money Store, alleging overcharge of late fees on mortgages. After plaintiff prevailed in the jury trial, the district court granted defendants' post-verdict motion to decertify...

Microsoft v. United States  
Date: July 14, 2016
Docket Number: 14-2985

Justia Opinion Summary: Microsoft appealed from the district court's order denying its motion to quash a warrant issued under section 2703 of the Stored Communications Act (SCA), 18 U.S.C. 2701 et seq., and holding Microsoft in contempt of cour...

SRM Global Master Fund v. Bear Stearns  
Date: July 14, 2016
Docket Number: 14-507

Justia Opinion Summary: SRM, a registered private investment fund, filed suit against Bear Stearns, its officers, and its auditor, Deloitte, after the collapse of the Bear Stearns companies. The district court dismissed SRM's claims. The court...

Florez v. CIA  
Date: July 14, 2016
Docket Number: 15-1055

Justia Opinion Summary: Plaintiff filed a Freedom of Information Act (FOIA), 5 U.S.C. 552 et seq., request to the CIA, requesting information regarding his father, who served in several high-level diplomatic roles on behalf of the Republic of C...

Blow v. United States  
Date: July 14, 2016
Docket Number: 16-1530

Justia Opinion Summary: Petitioner pleaded guilty to one count of conspiring to distribute five grams or more of cocaine base and was sentenced to 130 months in prison. The district court found that petitioner qualified as a career offender und...

In re Motors Liquidation Co.  
Date: July 13, 2016
Docket Number: 15-2844

Justia Opinion Summary: After Old GM filed for bankruptcy, New GM emerged. This case involves one of the consequences of the GM bankruptcy. Beginning in February 2014, New GM began recalling cars due to a defect in their ignition switches. Many...

Williams v. Correction Officer Priatno  
Date: July 12, 2016
Docket Number: 14-4777

Justia Opinion Summary: Plaintiff filed suit against Officer Priatno and Gammone under 42 U.S.C. 1983, alleging that the officers violated his Eighth Amendment rights when they brutally beat him for talking back to another officer when he was a...

United States v. Gabinskaya  
Date: July 12, 2016
Docket Number: 15-776

Justia Opinion Summary: Defendant, a licensed physician, appealed convictions stemming from her participation in a broad scheme involving a number of medical services professional corporations (PCs) to defraud insurance companies in connection...

Alphonse Hotel Corp. v. Tran  
Date: July 11, 2016
Docket Number: 14-3447

Justia Opinion Summary: This case concerns a lease and a purported joint venture agreement entered into between defendant and his now-deceased father, the former president and majority shareholder of a real estate development corporation. The l...

United States v. Faux  
Date: July 8, 2016
Docket Number: 15-1282

Justia Opinion Summary: The United States appealed from an order suppressing statements made by defendant during a two‐hour interview that was conducted in her home while a search warrant was being executed. The court concluded that, based on t...

Collymore v. Lynch  
Date: July 8, 2016
Docket Number: 15-582

Justia Opinion Summary: Petitioner, a native and citizen of Barbados, and lawful permanent resident of the United States, seeks review of the BIA's order affirming the IJ's denial of petitioner's application for cancellation of removal. Petitio...

United States v. Rivernider  
Date: July 7, 2016
Docket Number: 13-4865

Justia Opinion Summary: Defendants Rivernider and Ponte plead guilty to charges arising from their orchestration of a Ponzi scheme and a related real estate scheme, in which defendants induced victims to purchase properties using mortgages base...

Walsh v. NYCHA  
Date: July 7, 2016
Docket Number: 14-181

Justia Opinion Summary: Plaintiff filed suit against NYCHA, alleging that its decision not to hire her as a bricklayer was sex-based and thus violated Title VII of the Civil Rights Act, 42 U.S.C. 2000e et seq.; the New York State Human Rights L...

United States v. Bouchard  
Date: July 7, 2016
Docket Number: 14-4156

Justia Opinion Summary: Defendant was convicted of charges related to his role as a closing attorney in several real estate transactions in upstate New York from approximately 2001 until 2007. The court focused primarily on defendant's challeng...

Laroe Estates, Inc. v. Town of Chester  
Date: July 6, 2016
Docket Number: 15-1086

Justia Opinion Summary: Laroe, a real estate development company, appealed the denial of its motion to intervene under FRCP 24 in pending litigation in which a now-deceased land developer filed suit against the Town of Chester, alleging a regul...

United States v. Garavito-Garcia  
Date: July 1, 2016
Docket Number: 15-2454

Justia Opinion Summary: Defendant appealed his conviction for narcoterrorism conspiracy (Count One); cocaine-importation conspiracy (Count Two); conspiracy to provide material support to a foreign terrorist organization (Count Three); and consp...

In re Payment Card Interchange Fee and Merchant Discount Antitrust  
Date: June 30, 2016
Docket Number: 12-4671

Justia Opinion Summary: In an antitrust class action brought on behalf of approximately 12 million merchants against Visa and Mastercard, as well as other various banks, plaintiffs alleged conspiracy in violation of Section 1 of the Sherman Act...

Weiland v. Lynch  
Date: June 29, 2016
Docket Number: 14-3631

Justia Opinion Summary: Petitioner, a citizen of Germany, seeks review of the BIA's dismissal of his appeal from the IJ's order of removal. Petitioner argued that his conviction for possession of child pornography under New York Penal Law 263.1...

OneWest Bank, N.A. v. Melina  
Date: June 29, 2016
Docket Number: 15-3063

Justia Opinion Summary: OneWest commenced a foreclosure action against defendant. The district court denied defendant's cross-motion to dismiss and granted OneWest's motion for summary judgment. The district court held in part that a national b...

MPC Franchise, LLC v. Tarntino  
Date: June 27, 2016
Docket Number: 15-717

Justia Opinion Summary: Plaintiffs filed suit alleging that defendant fraudulently obtained his federal trademark registration for the PUDGIE’S mark in connection with restaurants that principally serve pizza, pasta, and submarine sandwiches. T...

Leeward Construction Co. v. American Univ. of Antigua  
Date: June 24, 2016
Docket Number: 13-1708

Justia Opinion Summary: This case arose when Leeward and AUA entered into an agreement for Leeward to build a medical school for AUA in Antigua. AUA subsequently appealed the district court's confirmation of an international arbitration award e...

Smith v. Wenderlich  
Date: June 24, 2016
Docket Number: 14-3920

Justia Opinion Summary: Petitioner appealed the denial of habeas relief under 28 U.S.C. 2254, alleging that his right to be free from double jeopardy was violated when the New York State court that had sentenced him in 2000 to 11 years of impri...

Terry v. Inc. Vill. of Patchogue  
Date: June 23, 2016
Docket Number: 14-3874

Justia Opinion Summary: Plaintiff pro se filed suit alleging claims against defendants which arise out of events spanning more than a decade and principally concern the Village’s allegedly wrongful interference with his business interests and i...

Austin v. Town of Farmington  
Date: June 21, 2016
Docket Number: 15-2238

Justia Opinion Summary: Plaintiffs filed suit against the Town alleging claims under the Fair Housing Act (FHA), Title VIII of the Civil Rights Act of 1968, as amended 42 U.S.C. 3601 et seq. Plaintiff obtained limited variances from a land-use...

Chettri v. Nepal Rastra Bank  
Date: June 20, 2016
Docket Number: 14-3724

Justia Opinion Summary: Tarala, a Colorado corporation that is the principal supplier of clothing and military equipment to Nepal, and Wu Lixiang, the director of the company that helps Tarala coordinate the logistics of its international trans...

NYC & Vicinity Dist. v. Ass'n of Wall-Ceiling and Carpentry Indus.  
Date: June 20, 2016
Docket Number: 15-1574

Justia Opinion Summary: WCC, an employers' association, challenged the district court's order vacating an award issued in an arbitration between WCC and the District Council. The district court vacated the award, holding that the award did not...

United States v. Rowland  
Date: June 17, 2016
Docket Number: 15-985

Justia Opinion Summary: Defendant John G. Rowland, the former governor of Connecticut, appealed his conviction of seven counts of violating campaign-finance laws and falsifying records. The court concluded that the broad language of 18 U.S.C. 1...

Capitol Records, LLC v. Vimeo, LLC  
Date: June 16, 2016
Docket Number: 14-1048

Justia Opinion Summary: The Digital Millennium Copyright Act of 1998 (DMCA), 17 U.S.C. 512(c), establishes a safe harbor which gives qualifying Internet service providers protection from liability for copyright infringement when their users upl...

Gilman v. Marsh & McLennan Cos.  
Date: June 16, 2016
Docket Number: 15-0603

Justia Opinion Summary: In 2004, an AG investigation focused on an alleged bid‐rigging scheme involving Marsh and several insurance carriers. Marsh's counsel asked two employees, William Gilman and Edward McNenney, Jr., to sit for interviews, b...

United States v. Brown  
Date: June 14, 2016
Docket Number: 13-1706

Justia Opinion Summary: Defendant pleaded guilty to child pornography charges and was sentenced to 60 years in prison. On appeal, defendant challenged his sentence, arguing that the district court miscalculated his guidelines range and that the...

Guthrie Healthcare Sys. v. ContextMedia, Inc.  
Date: June 13, 2016
Docket Number: 14-3343

Justia Opinion Summary: Plaintiff filed suit alleging trademark infringement in violation of the Lanham Act, 15 U.S.C. 1114, and other claims on the basis that defendant's trademark logo was confusingly similar to plaintiff's trademark. The dis...

United States v. Rodriguez
Date: June 8, 2016
Docket Number: 14-4430
McGowan v. United States  
Date: June 7, 2016
Docket Number: 15-1786

Justia Opinion Summary: Plaintiff filed suit asserting claims for violation of his First Amendment rights under Bivens v. Six Unknown Named Agents, and for false imprisonment and negligence under the Federal Tort Claims Act (FTCA), 28 U.S.C. 13...

Figueroa v. Mazza et al.  
Date: June 3, 2016
Docket Number: 14-4116

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 and state law for false arrest, excessive force, assault, failure to intervene, and unlawful entry. The district court granted summary judgment as to the claims of unlawful entry...

State of New York ex rel. Jacobson v. Wells Fargo  
Date: June 2, 2016
Docket Number: 15-1152

Justia Opinion Summary: Plaintiff filed a qui tam action under the New York False Claims Act (NYFCA), N.Y. Stat Fin. Law 187 et seq., on behalf of the State and the City against Wells Fargo for fraudulent avoidance of New York tax obligations....

Cayuga Nation v. Tanner  
Date: June 2, 2016
Docket Number: 15-1667

Justia Opinion Summary: The Nation filed suit against defendants contending that the federal Indian Gaming Regulatory Act (IGRA), 25 U.S.C. 2701‐2721, preempts the application of a local anti‐gambling ordinance to a Nation‐owned gaming facility...

United States of America v. Derry
Date: June 2, 2016
Docket Number: 15-1829
United States v. Derry  
Date: June 1, 2016
Docket Number: 15-1829

Justia Opinion Summary: Defendant challenged the denial of his motion for a sentence modification under 18 U.S.C. 3582(c)(2). Defendant had received a sentence modification in 2011 based upon Amendment 750 to the Sentencing Guidelines and sough...

Tilton v. SEC  
Date: June 1, 2016
Docket Number: 15-2103

Justia Opinion Summary: After the SEC commenced an administrative proceeding conducted by an ALJ against appellants, appellants contend that the SEC's administrative proceeding is unconstitutional because the presiding ALJ's appointment violate...

In Re Petition of Bruce Germain  
Date: June 1, 2016
Docket Number: 15-665

Justia Opinion Summary: Ficarra filed suit against petitioner, asserting claims of negligence stemming from a tort involving a vessel on navigable waters. More specifically, the case involves a diving accident off a recreational vessel anchored...

United States v. Bohannon  
Date: May 31, 2016
Docket Number: 14-4679

Justia Opinion Summary: On this interlocutory appeal, the United States challenges the district court's order suppressing drugs and money seized incident to defendant's arrest in the home of Shonsai Dickson. The court concluded that, whether th...

United States v. Ganias
Date: May 27, 2016
Docket Number: 12-240
United States ex rel. v. Exelis, Inc.  
Date: May 25, 2016
Docket Number: 14-4155

Justia Opinion Summary: Plaintiff, a former employee of Power Solutions, filed suit under the False Claims Act (FCA), 31 U.S.C. 3729 et seq., alleging that Power Solutions and others made fraudulent representations to the United States in conne...

In re: LIBOR-Based Financial Instruments Antitrust Litig.  
Date: May 23, 2016
Docket Number: 13-3565

Justia Opinion Summary: Plaintiffs filed numerous antitrust suits alleging that the Banks colluded to depress LIBOR by violating the rate‐setting rules, and that the payout associated with the various financial instruments was thus below what i...

United States ex rel. O’Donnell v. Countrywide Home Loans, Inc.  
Date: May 23, 2016
Docket Number: 15-496

Justia Opinion Summary: Defendants were found liable under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), 12 U.S.C. 1833a, for mail and wire fraud affecting a federally insured financial institution. The Gove...

Fireman’s Fund Ins. Co. v. Great Am. Ins. Co.  
Date: May 20, 2016
Docket Number: 14-1346

Justia Opinion Summary: Fireman’s Fund, Great American, and MSI issued insurance policies that provided various coverages for a dry dock in Port Arthur, Texas owned by Signal. After the dry dock sank in 2009, Signal and Fireman’s Fund sought co...

L.O. ex rel. K.T. v. N.Y.C. Dep’t of Educ.  
Date: May 20, 2016
Docket Number: 15-1019

Justia Opinion Summary: Plaintiff, on behalf of herself and her son, K.T., filed suit under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq., against the DOE. At issue is the adequacy of three individualized educat...

Haber v. United States  
Date: May 20, 2016
Docket Number: 15-2078

Justia Opinion Summary: Petitioner challenged an administrative summons issued by the IRS after it issued an approximately $25 million penalty against petitioner and his company. The district court granted the government's motion to dismiss the...

Nunez Pena v. Lynch  
Date: May 20, 2016
Docket Number: 15-27

Justia Opinion Summary: Petitioner, a native and citizen of the Dominican Republic, seeks review of the BIA's decision affirming the IJ's denial of his applications for a waiver of deportation under former Immigration and Nationality Act 212(c)...

Elliot v. City of Hartford  
Date: May 19, 2016
Docket Number: 14-3633

Justia Opinion Summary: After plaintiff's daughter was murdered, plaintiff filed suit alleging claims related to her daughter's death. The district court granted summary judgment for defendants. Plaintiff filed a notice of appeal, the district...

FDIC v. First Horizon Asset Securities, Inc.  
Date: May 19, 2016
Docket Number: 14-3648

Justia Opinion Summary: The FDIC filed suit under the Securities Act of 1933, 15 U.S.C. 77a et seq., as receiver for Colonial. The complaint was timely under the terms of the FDIC Extender Statute, 12 U.S.C. 1821(d)(14)(A), because it was filed...

Vangas v. Montefiore Med. Ctr.  
Date: May 19, 2016
Docket Number: 15-1514

Justia Opinion Summary: Defendants appealed the district court's denial of their motion for judgment as a matter of law (JMOL) under Federal Rule of Civil Procedure 50, or alternatively for a new trial under Rule 59, or relief from the judgment...

Int'l Info. Sys. Sec. Certification Consortium, Inc. v. Security Univ., LLC  
Date: May 18, 2016
Docket Number: 14-3456

Justia Opinion Summary: ISC filed suit against SU and Sondra Schneider, alleging that SU's use of ISC's certification mark violated the Lanham Act, 15 U.S.C. 1051 et seq., and constituted infringement under 15 U.S.C. 1114, false designation of...

Warren v. Pataki  
Date: May 17, 2016
Docket Number: 13-3412

Justia Opinion Summary: Defendant, the former New York State Governor, launched the Sexually Violent Predator Initiative, which provided for the involuntary civil commitment at state psychiatric facilities of some ʺsexually violent predatorsʺ (...

United States Fidelity and Guaranty Co. v. Fendi Adele S.R.L.  
Date: May 17, 2016
Docket Number: 14-3435

Justia Opinion Summary: After Ashley Reed sold counterfeit Fendi goods to Burlington and others, Fendi filed suit against Ashley Reed. USF&G, Ashley Reed's insurer, filed suit against Fendi and Ashley Reed, seeking a declaration that it owed no...

United States ex rel. Polansky v. Pfizer  
Date: May 17, 2016
Docket Number: 14-4774

Justia Opinion Summary: Plaintiff appealed the dismissal of his suit brought under the False Claims Act (FCA), 31 U.S.C. 3729(a)-(b), and state analog. Plaintiff alleged that Pfizer, his former employer, improperly marketed Lipitor as appropria...

United States v. Kent  
Date: May 16, 2016
Docket Number: 14-2082

Justia Opinion Summary: Defendant appealed his sentence after being convicted of charges related to his involvement in a wire fraud conspiracy. The court concluded that the district court erred in determining that defendant was a leader or orga...

Apotex Inc. v. Acorda Therapeutics, Inc.  
Date: May 16, 2016
Docket Number: 14-4353

Justia Opinion Summary: Apotex filed suit alleging that Acorda filed a sham citizen petition with the FDA to hinder approval of Apotex's competing formulation of a drug for treating spasticity, in violation of Section 2 of the Sherman Act, 15 U...

Am. Psychiatric Ass’n v. Anthem Health Plans, Inc.  
Date: May 13, 2016
Docket Number: 14-3993

Justia Opinion Summary: Plaintiffs, two individual psychiatrists and three professional associations of psychiatrists, filed suit against defendants, four health‐insurance companies, alleging that the health insurers’ reimbursement practices di...

Taylor v. United States  
Date: May 13, 2016
Docket Number: 15-827

Justia Opinion Summary: Petitioner, convicted of drug-related charges, appealed the denial of his 28 U.S.C. 2255 motion to vacate his conviction and sentence, alleging that his counsel appointed under the Criminal Justice Act (CJA), 18 U.S.C. 3...

Salazar v. King  
Date: May 12, 2016
Docket Number: 15-832

Justia Opinion Summary: Plaintiffs filed a class action alleging that federal student loans were fraudulently procured on their behalf when the Wilford beauty schools falsely certified that plaintiffs had an ability‐to‐benefit (ATB) from the ed...

Ritchie Capital Mgmt. v. GECC  
Date: May 11, 2016
Docket Number: 15-2816

Justia Opinion Summary: Ritchie filed suit against GECC for civil conspiracy to commit fraud, for aiding and abetting fraud, and for negligence in connection with Thomas Petters' Ponzi scheme. The district court granted GECC's motion to dismiss...

Carter v. HealthPort Technologies, LLC  
Date: May 10, 2016
Docket Number: 15-1072

Justia Opinion Summary: Plaintiffs filed a class action suit against defendants, alleging that they charged plaintiffs more than the statutory maximum fees allowed by N.Y. Pub. Health Law 18(2)(d) and (e) for providing copies of plaintiffs' med...

Jesner v. Arab Bank
Date: May 9, 2016
Docket Number: 13-3605
Bishop v. Wells Fargo  
Date: May 5, 2016
Docket Number: 15-2449

Justia Opinion Summary: Relators filed a qui tam action under the False Claims Act (FCA), 31 U.S.C. 3729(a)(1)(A), alleging that Wells Fargo defrauded the government within the meaning of the FCA by falsely certifying that they were in complian...

United States v. Tagliaferri  
Date: May 4, 2016
Docket Number: 15-536

Justia Opinion Summary: Defendant was convicted of one count of investment adviser fraud, one count of securities fraud, four counts of wire fraud, and six counts of offenses in violation of the Travel Act, 18 U.S.C. 1952. Defendant raised nume...

United States v. Parisi  
Date: May 3, 2016
Docket Number: 15-963

Justia Opinion Summary: Defendant was convicted of four counts of sexual exploitation of a minor and related charges. On appeal, defendant challenged the district court's 2015 decision modifying the special conditions of supervised release that...

DeKalb Cty. Pension Fund v. Transocean Ltd.
Date: April 29, 2016
Docket Number: 14-0894
Abascal v. Fleckenstein  
Date: April 29, 2016
Docket Number: 14-1591

Justia Opinion Summary: Plaintiff, an inmate at the Attica Correctional Facility, filed suit under 42 U.S.C. 1983, alleging that while he was incarcerated at Attica, defendant corrections officers Dennis Fleckenstein and Chester Kosmowski subje...

Goel v. Bunge, Ltd.  
Date: April 28, 2016
Docket Number: 15-3023

Justia Opinion Summary: Plaintiff Vikas Goel founded and managed a computer‐equipment distribution company called eSys Informatics, Ltd. Plaintiff contracted to sell fifty‐one percent of eSys’s shares to Teledata, an Indian company purporting t...

United States v. Halloran  
Date: April 28, 2016
Docket Number: 15-996

Justia Opinion Summary: Defendant, a member of the New York City Council, was convicted of two counts of wire fraud, 18 U.S.C. 1343, 1346; two counts of violating the Travel Act, 18 U.S.C. 1952; and one count of conspiracy to commit both substa...

Bank of New York Mellon Trust v. Morgan Stanley Mortgage  
Date: April 27, 2016
Docket Number: 14-2619

Justia Opinion Summary: BNY appealed the district court's grant of summary judgment for Morgan Stanley, arguing that the district court erred in concluding, as a matter of law, that Morgan Stanley was not contractually obliged to repurchase a m...

Legg v. Ulster Cnty.  
Date: April 26, 2016
Docket Number: 14-3636

Justia Opinion Summary: Plaintiff, a corrections officer at the Ulster County Jail, filed suit against the County and its officials, alleging that the denial of her request for an accommodation under the County's light duty policy amounted to p...

Cooper v. N.Y. State Dep’t of Labor  
Date: April 26, 2016
Docket Number: 15-3392

Justia Opinion Summary: Plaintiff filed suit against her former employer, alleging that defendant unlawfully retaliated against her for opposing an employment practice proscribed by Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et...

NFL Mgmt. Council v. NFL Players Ass'n  
Date: April 25, 2016
Docket Number: 15-2801

Justia Opinion Summary: The NFL suspended New England Patriots quarterback Tom Brady for four games because of his involvement in a scheme to deflate footballs during the 2015 AFC Championship Game. After Brady requested arbitration, League Com...

Schoenefeld v. Schneiderman
Date: April 22, 2016
Docket Number: 11-4283
United States v. Pattee  
Date: April 21, 2016
Docket Number: 14-2163

Justia Opinion Summary: Defendant appealed his conviction for child pornography-related charges, arguing that his plea was invalid because in accepting his guilty plea the district court failed to adhere strictly to Rule 11 of the Federal Rules...

Zaretsky v. William Goldberg Diamond Corp.  
Date: April 21, 2016
Docket Number: 15-35

Justia Opinion Summary: This case stems from a dispute between the parties regarding the ownership of a 7.35 carat pear-shaped diamond. WGDC consigned the diamond to celebrity fashion stylist, Derek Khan. Khan, without WGDCʹs permission, subseq...

Reginella v. Target Corp.  
Date: April 18, 2016
Docket Number: 15-1589

Justia Opinion Summary: Evelyn Gustafson, plaintiff's decedent, filed suit against Target after she was injured from a fall in a Target bathroom. Gustafson alleged that Target was negligent in maintaining the bathroom door, which closed with ex...

Hoefer v. Bd. of Educ. of Middletown  
Date: April 14, 2016
Docket Number: 14-2020

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against defendants, asserting various First and Fourth Amendment claims. On appeal, plaintiff challenged the district court's dismissal of his action with prejudice. The district...

United States v. Jesrum  
Date: April 14, 2016
Docket Number: 14-4464

Justia Opinion Summary: Defendant pleaded guilty to wire fraud conspiracy and aggravated identity theft. On appeal, defendant challenged the district court's application of a six-level enhancement under USSG 2B1.1(b)(2)(C) because the offense i...

Flo & Eddie, Inc. v. Sirius XM Radio, Inc.  
Date: April 13, 2016
Docket Number: 15-1164

Justia Opinion Summary: Appellee Flo & Eddie, Inc. filed suit against Appellant Sirius on behalf of itself and a class of owners of pre-1972 recordings, asserting claims for common-law copyright infringement and unfair competition under New Yor...

In re Pfizer Inc. Securities Litigation  
Date: April 12, 2016
Docket Number: 14-2853

Justia Opinion Summary: Plaintiffs filed suit against Pfizer and others, alleging violations of federal securities laws because Pfizer made fraudulent misrepresentations and fraudulently omitted to disclose information regarding the safety of t...

Halo v. Yale Health Plan  
Date: April 12, 2016
Docket Number: 14-4055

Justia Opinion Summary: Congress empowered the Department of Labor to issue rules and regulations governing claims procedures for employee benefit plans under Sections 503 and 505 of the Employee Retirement Income Security Act of 1974 (ERISA),...

Johnson v. Patterson  
Date: April 11, 2016
Docket Number: 14-2554

Justia Opinion Summary: Plaintiff appealed the district court's grant of qualified immunity to Defendant Police Officer Patterson. The district court dismissed plaintiff's claim against Patterson by reason of his having seized her for psychiatr...

Mitchell v. Garrison Protective Servs., Inc.  
Date: April 11, 2016
Docket Number: 15-2137

Justia Opinion Summary: This case originated in a sex‐discrimination lawsuit by plaintiffs against their former employer, Lyons. Interested party-appellant Garrison appealed various factual determinations made by the district court in granting...

In re: Tribune Company Fraudulent Conveyance Litigation
Date: March 29, 2016
Docket Number: 13-3992
Indiana. Pub. Ret. Sys. v. SAIC, Inc.  
Date: March 29, 2016
Docket Number: 14-4140

Justia Opinion Summary: Plaintiffs filed suit against defendants, alleging securities fraud in violation of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. 78j(b), Section 20(a) of the Exchange Act, 15 U.S.C. 78t(a), and Securit...

Souratgar v. Fair  
Date: March 25, 2016
Docket Number: 14-904

Justia Opinion Summary: The district court granted petitioner's request for the return of his son, the son whose custody he and respondent shared in Singapore, and the court affirmed. In this appeal, petitioner seeks an order directing responde...

In re: Tribune Co. Fraudulent Conveyance Litig.  
Date: March 24, 2016
Docket Number: 13-3992

Justia Opinion Summary: Appellants, representatives of certain unsecured creditors of the Chapter 11 debtor Tribune Company, appealed the grant of a motion to dismiss their state law, constructive fraudulent conveyance claims brought against Tr...

Davis v. Shah  
Date: March 24, 2016
Docket Number: 14-543

Justia Opinion Summary: Plaintiff filed a class action against the Commissioner, challenging New York’s coverage restrictions on certain medical services provided under its Medicaid plan. Plaintiffs argued that New York’s 2011 plan amendments,...

MHANY Mgmt., Inc. v. City of Nassau  
Date: March 23, 2016
Docket Number: 14-1634

Justia Opinion Summary: Garden City appealed from a final judgment finding it liable for violations of the Fair Housing Act, 42 U.S.C. 3601 et seq.; 42 U.S.C. 1981; 42 U.S.C. 1983; and the Equal Protection Clause. Plaintiffs cross-appealed from...

Associates Against Outlier Fraud v. Huron  
Date: March 23, 2016
Docket Number: 15-425

Justia Opinion Summary: Plaintiff appealed the award of costs against it in a False Claims Act (FCA), 31 U.S.C. 3729-3733, case, arguing that the district court improperly ordered it to pay defendants the costs of deposition transcripts under F...

Avila v. Riexinger & Assoc., LLC  
Date: March 22, 2016
Docket Number: 15-1584

Justia Opinion Summary: Plaintiffs filed suit against defendant under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692e, alleging that they received collection notices that were misleading because they stated the “current balance,...

Binder & Binder v. Colvin  
Date: March 21, 2016
Docket Numbers: 14-4141, 14-4457

Justia Opinion Summary: Binder, a law firm representing claimants before the SSA, appealed from summary judgment in two related cases where Binder seeks past attorney's fees. When Binder sought to hold the SSA liable for the fees, the district...

Vela-Estrada v. Lynch  
Date: March 21, 2016
Docket Number: 14-619

Justia Opinion Summary: Petitioner, a native and citizen of Guatemala, petitioned for review of the BIA's decision declining to certify, pursuant to 8 C.F.R. 1003.1(c), his untimely appeal of the May 14, 2013 order of removal of the IJ. The cou...

Concord Assoc., L.P. v. Entertainment Properties Trust  
Date: March 18, 2016
Docket Number: 13-3933

Justia Opinion Summary: Plaintiffs, seven entities who are collectively attempting to develop a casino-resort complex in the Catskills, filed suit under the Sherman Act, 15 U.S.C. 1, 2, alleging that defendants entered into an anti-competitive...

Rinehart v. Lehman Brothers Holdings  
Date: March 18, 2016
Docket Number: 15-2229

Justia Opinion Summary: Plaintiffs filed suit on behalf of a putative class of former participants in an employee stock ownership plan (ESOP) invested exclusively in Lehman’s common stock, alleging that the Plan Committee Defendants, who were f...

In Re: Bank of America Corp.  
Date: March 17, 2016
Docket Number: 13-2919

Justia Opinion Summary: Flanagan appealed the district court's denial of the law firm's request for attorneys' fees drawn from a settlement fund in a consolidated securities class action. The court held that the standard set forth in In re Cend...

DeKalb Cty. Pension Fund v. Transocean Ltd.  
Date: March 17, 2016
Docket Number: 14-0894

Justia Opinion Summary: DeKalb filed suit against defendants, alleging violations of Sections 14(a) and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. 78n(a), 78t(a), and SEC Rule 14a‐9, 17 C.F.R. 240.14a‐9. The court held that Section...

Graziadio v. Culinary Inst. of America  
Date: March 17, 2016
Docket Number: 15-888

Justia Opinion Summary: After plaintiff was terminated for taking time off work to care for her sons, plaintiff filed suit against the CIA and two of her supervisors under the Family and Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq., and the...

Harris v. Fischer  
Date: March 15, 2016
Docket Number: 14-2957

Justia Opinion Summary: Plaintiff, a former inmate at Bedford Hills Correctional Facility, filed suit alleging claims related to her period of incarceration at Bedford Hills. Plaintiff alleged that three female officers grabbed her, threw her t...

In re: [Redacted]
Date: March 15, 2016
Docket Number: 16-90010
Rentas v. Ruffin  
Date: March 8, 2016
Docket Number: 14-2475

Justia Opinion Summary: Plaintiff, a former inmate on Rikers Island, filed suit against several correction officers and prison officials, as well as the City, claiming that the officers used excessive force against him and then fabricated evide...

Crawford v. Franklin Credit Mgmt. Corp.  
Date: March 8, 2016
Docket Number: 15-1403

Justia Opinion Summary: Plaintiff filed suit against defendants, alleging common-law fraud and violations of the Truth in Lending Act (TILA), 15 U.S.C. 1601 et seq. Plaintiff alleged that she never agreed to the mortgage loan at issue. The cour...

United States v. Tulsiram  
Date: March 7, 2016
Docket Number: 14-2483

Justia Opinion Summary: Defendant pleaded guilty to all counts related to his sexual abuse of his stepdaughter over the course of 5 years. Determining that it has appellate jurisdiction, the court held that a judgment of conviction is final for...

Steiner v. Lewmar, Inc.  
Date: March 7, 2016
Docket Number: 14-3817

Justia Opinion Summary: This appeal stemmed from a dispute regarding a contract the parties entered into, which gave Lewmar the exclusive right to manufacture and sell Steinerʹs patented sailboat winch handle, a device used to control the lines...

Fuller v. United States  
Date: March 7, 2016
Docket Number: 15-3006

Justia Opinion Summary: Petitioner moved for remand of his third 28 U.S.C. 2255 motion, arguing that the motion is not successive. The court concluded that the section 2255 motion was properly transferred to this court as successive because it...

Malmberg v. United States  
Date: March 4, 2016
Docket Number: 14-3555

Justia Opinion Summary: Plaintiff filed suit against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2675(a), after surgery at a VA medical center rendered him quadriplegic. The district court found the VA liable for plain...

In re Sanofi Sec. Litig.  
Date: March 4, 2016
Docket Numbers: 15-588, 15-623

Justia Opinion Summary: Plaintiffs filed suit under federal securities laws and state blue sky laws, alleging that Sanofi made materially false or misleading statements regarding its breakthrough drug, Lemtrada, designed to treat multiple scler...

American Freedom v. Metropolitan Transport  
Date: March 3, 2016
Docket Number: 15-1997

Justia Opinion Summary: AFDI, a pro‐Israel advocacy organization known for its criticism of Islam, submitted an advertisement for display on the back of MTA buses. The MTA, invoking the provision in its advertising standards barring the display...

United States v. Taylor  
Date: March 2, 2016
Docket Number: 14-360

Justia Opinion Summary: Defendant was convicted of one count of conspiracy to distribute or possess with the intent to distribute 500 grams or more of cocaine and seven counts of transaction structuring for the purpose of evading currency repor...

United States v. Bert
Date: March 1, 2016
Docket Number: 14-2428
Tavarez v. Larkin  
Date: February 29, 2016
Docket Number: 14-1934

Justia Opinion Summary: Petitioner, convicted of first-degree manslaughter and criminal possession of a weapon in the second degree, was sentenced to concurrent prison terms of fifteen years, to be followed by five years of supervised release,...

United States v. Prado  
Date: February 24, 2016
Docket Number: 13-2894

Justia Opinion Summary: Count 21 of the indictment charged Defendants Martinez and Ortega with aiding and abetting a violation of 18 U.S.C. 924(c), using or carrying a firearm in relation to a crime of violence or possessing a firearm in furthe...

Victory v. Pataki et al.
Date: February 24, 2016
Docket Number: 13-3592
Bernstein v. Bernstein Litowitz Berger & Grossmann LLP  
Date: February 24, 2016
Docket Number: 15-374

Justia Opinion Summary: Plaintiff filed suit against his former law firm and five of its partners, alleging that he had been forced to resign after blowing the whistle on what he considered to be the firm’s unethical litigation conduct. The par...

Hapag-Lloyd Aktiengesellschaft v. U.S. Oil Trading LLC  
Date: February 24, 2016
Docket Number: 15-97

Justia Opinion Summary: Hapag‐Lloyd filed an Interpleader Complaint and moved ex parte for an anti‐suit injunction under 28 U.S.C. 2361. The district court granted the motion and enjoined named defendants. The court concluded that adjudication...

Ministers & Missionaries v. Leon Snow
Date: February 23, 2016
Docket Number: 14-1021
Ernst v. Carrigan  
Date: February 22, 2016
Docket Number: 14-3925

Justia Opinion Summary: This case stems from a feud over local governance matters. The threshold issue is whether the court has appellate jurisdiction over the district court’s order passing on the merits of defendants’ special motions to strik...

United States v. Moreno  
Date: February 22, 2016
Docket Number: 14-4700

Justia Opinion Summary: Defendant appealed his sentence for illegally reentering the United States. The court agreed with defendant that his sentence was procedurally unreasonable because the district court erred in holding that his prior Conne...

Gallego v. Northland Group Inc.  
Date: February 22, 2016
Docket Number: 15-1666

Justia Opinion Summary: Plaintiff filed a putative class action against Northland, alleging that it violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq., by sending him and other class members a debt collection letter...

Brown v. Lockheed Martin Corp.  
Date: February 18, 2016
Docket Number: 14-4083

Justia Opinion Summary: Plaintiff filed suit against Lockheed and others for injuries suffered by her father as a result of asbestos exposure sustained by him during his work as an Air Force mechanic in locations in Europe and around the United...

United States v. Viloski  
Date: February 17, 2016
Docket Number: 14-4176

Justia Opinion Summary: Defendant, a lawyer and real estate broker, appealed the district court's imposition of criminal forfeiture in the amount of $1,273,285.50, arguing that the district court erred when it declined to consider defendant’s a...

Village of Freeport v. Barrella  
Date: February 16, 2016
Docket Number: 14-2270

Justia Opinion Summary: Plaintiff filed suit under federal and state laws, alleging that Defendant Hardwick, the former mayor of the Village of Freeport, had not appointed him chief of police because plaintiff was a white Italian‐American, and...

CBS Broadcasting v. FilmOn.com Inc.  
Date: February 16, 2016
Docket Number: 14-3123

Justia Opinion Summary: The district court issued an injunction prohibiting FilmOn from distributing copyrighted content owned by plaintiffs. On appeal, FilmOn and its CEO, Alkiviades David, appealed the district court's judgment holding FilmOn...

Flight Attendants in Reunion v. Am. Airlines, Inc.  
Date: February 16, 2016
Docket Number: 15-869

Justia Opinion Summary: Plaintiffs filed suit claiming that American Airlines violated its obligation under the McCaskill‐Bond amendment to the Federal Aviation Act, 49 U.S.C. 42112 note, to provide for the integration of the American Airlines...

Lin v. Lynch  
Date: February 11, 2016
Docket Number: 12-2163

Justia Opinion Summary: Petitioner, a native and citizen of the People's Republic of China, petitioned for review of the BIA's determination that an IJ's findings of fact are clearly erroneous. The court concluded that, although the BIA recogni...

United States v. Guerrero  
Date: February 11, 2016
Docket Number: 14-4120

Justia Opinion Summary: Defendant appealed his conviction of two counts of intentional murder while engaged in a drug trafficking offense, in violation of 21 U.S.C. 848(e)(1)(A). On appeal, defendant raised three challenges related to section...

United States v. Love  
Date: February 10, 2016
Docket Number: 13-2068

Justia Opinion Summary: Defendant appealed his conviction for drug and firearm-related charges, arguing that the district court erred by excluding from calculation, for purposes of the Speedy Trial Act (STA), 18 U.S.C. 3161, forty days of delay...

United States v. Bert
Date: February 9, 2016
Docket Number: 14-2428
United States v. Facen  
Date: February 8, 2016
Docket Number: 13-3031

Justia Opinion Summary: Defendant was convicted of possessing cocaine base with the intent to distribute and for possessing ammunition as a felon. Both parties appealed. The court concluded that the evidence was sufficient to convict defendant...

Fischer v. New York State Dept. of Law  
Date: February 5, 2016
Docket Number: 14-2556

Justia Opinion Summary: Plaintiff filed suit against her employer, OAG, alleging discrimination in violation of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq. OAG moved to dismiss for lack of subject matter, arguing that p...

Lawrence + Memorial Hosp. v. Burwell  
Date: February 4, 2016
Docket Number: 15-164

Justia Opinion Summary: In 2000, the Secretary of Health and Human Services issued a regulation, known as the “reclassification rule,” 42 C.F.R. 412.230(a)(5)(iii), which provided that a hospital that has been reclassified from urban to rural u...

Atlantica Holdings, Inc. v. Sovereign Wealth Fund  
Date: February 3, 2016
Docket Number: 14-917

Justia Opinion Summary: Plaintiffs filed suit alleging that SK Fund, a sovereign wealth fund of the Republic of Kazakhstan, misrepresented the value of certain notes issued by non‐party BTA, a Kazakhstani corporation majority‐owned by SK Fund,...

United States v. Vernace  
Date: February 2, 2016
Docket Number: 14-2197

Justia Opinion Summary: Defendant was convicted of conspiring to engage in a racketeering enterprise in violation of the Racketeering Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1962(c) and (d); using, carrying, and possessing a...

Victory v. Pataki  
Date: February 1, 2016
Docket Number: 13-3592

Justia Opinion Summary: Plaintiff, a former inmate of DOCCS, filed suit against New York State officials and employees for violating and conspiring to violate his right to due process in connection with the rescission of his grant of parole. On...

United States v. Pruitt  
Date: February 1, 2016
Docket Number: 14-1921

Justia Opinion Summary: Defendant appealed his 46-month sentence after pleading guilty to being a felon in possession of a firearm. The court affirmed the sentence but wrote to suggest to the Sentencing Commission and the Judicial Conference of...

United States v. Allen  
Date: January 29, 2016
Docket Number: 13-3333

Justia Opinion Summary: Defendant, who conditionally plead guilty to being a felon in possession of a firearm, appealed the district court's denial of his motion to suppress physical evidence recovered and statements made following his warrantl...

United States v. Young  
Date: January 29, 2016
Docket Number: 14-2383

Justia Opinion Summary: Defendant appealed his 20 year sentence after pleading guilty to three firearms violations. The court held that there was no error in the district court’s decision not to expressly discuss and reject defendant’s argument...

Lynch v. Ackley  
Date: January 28, 2016
Docket Number: 14-3751

Justia Opinion Summary: Plaintiff, a police officer and a member and officer of the police union, filed suit under 42 U.S.C. 1983, alleging that defendant, a police chief, violated his First Amendment rights by retaliating against him for vario...

Zurich Am. Ins. Co. v. Team Tankers A.S.  
Date: January 28, 2016
Docket Number: 14-4036

Justia Opinion Summary: The shipper petitioner appealed the district court's order confirming an arbitration award and award of attorney's fees and costs to the respondent carrier. The court concluded that the shipper has not established any gr...

Credit Suisse Secs. LLC v. Tracy  
Date: January 28, 2016
Docket Number: 15-0345

Justia Opinion Summary: Five former employees of Credit Suisse began arbitration proceedings before FINRA concerning employment-related disputes. The employees had entered into employment agreements with Credit Suisse that included provisions t...

Main Street Legal Servs. v. National Security Council  
Date: January 26, 2016
Docket Number: 13-3792

Justia Opinion Summary: Main Street filed suit under the Freedom of Information Act (FOIA), 5 U.S.C. 552(a)(4)(B), seeking a judicial order compelling the NSC to produce requested records. The district court concluded that the NSC was not an ag...

Friends of Animals v. Clay  
Date: January 26, 2016
Docket Number: 14-4071

Justia Opinion Summary: FOA filed suit challenging the FWS's issuance of a “depredation permit” to the Port Authority, which authorizes the emergency “take” of migratory birds that threaten to interfere with aircraft at JFK airport. On appeal,...

Glatt et al. v. Fox Searchlight Pictures, Inc. et al.
Date: January 25, 2016
Docket Number: 13-4478
Yale-New Haven Hospital v. Nicholls, et al.
Date: January 22, 2016
Docket Number: 13-4725
T.K. v. N.Y.C. Dept. of Educ.  
Date: January 20, 2016
Docket Number: 14-3078

Justia Opinion Summary: The Department appealed a judgment awarding plaintiffs reimbursement under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq., for one year of private school education for their daughter, L.K....

Simmons v. Stanberry  
Date: January 15, 2016
Docket Number: 14-3106

Justia Opinion Summary: Tyrone Simmons, a writer and performer of hip hop music, filed suit against hip hop producer William C. Stanberry, Jr., rapper 50 Cent, and various corporate entities involved in the production and distribution of the 20...

Fed. Treasury Enter. Sojuzplodoimport v. Spirits Int’l B.V.  
Date: January 5, 2016
Docket Number: 14-4721

Justia Opinion Summary: This case stemmed from rival claims to the “Stolichnaya” trademarks. FTE and Cristall alleged that defendants unlawfully misappropriated and commercially exploited the Stolichnaya trademarks related to the sale of vodka...

Garfield v. Ocwen Loan Servicing, LLC  
Date: January 4, 2016
Docket Number: 15-527

Justia Opinion Summary: Plaintiff appealed the district court's judgment in favor of Ocwen and dismissal of plaintiff's complaint alleging various causes of action under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692. At issue i...