2017 Second Circuit U.S. Court of Appeals Case Law

Waiters v. Lee  
Date: May 22, 2017
Docket Number: 15-3487

Justia Opinion Summary: Petitioner, convicted of murder and related-offenses, sought review of the district court's denial of habeas relief, arguing that trial counsel was ineffective for failing to call a medical expert both to interpret the p...

Spak v. Phillips  
Date: May 22, 2017
Docket Number: 15-3525

Justia Opinion Summary: A nolle prosequi constitutes a "favorable termination" for the purpose of determining when a 42 U.S.C. 1983 claim accrues. In this case, plaintiff filed suit against defendant, a police officer, under section 1983, alleg...

Makinen v. City of New York  
Date: May 22, 2017
Docket Number: 16-973

Justia Opinion Summary: In this disability discrimination case, the Second Circuit certified the following question to the New York Court of Appeals: Do sections 8‐102(16)(c) and 8‐107(1)(a) of the New York City Administrative Code preclude a p...

McCulloch Orthopaedic Surgical Services v. Aetna  
Date: May 18, 2017
Docket Number: 15-2150

Justia Opinion Summary: Plaintiff filed suit against Aetna and its wholly-owned subsidiaries, seeking reimbursement from Aetna for performing two knee surgeries on a patient who was a member of an Aetna-administered health care plan that was go...

United States v. Khalil  
Date: May 16, 2017
Docket Number: 15-3819

Justia Opinion Summary: At issue in this appeal was whether defendant should have been acquitted of transporting an alien within the United States for profit in violation of 8 U.S.C. 1324(a)(1)(A)(ii) and 1324(a)(1)(B)(i). The Second Circuit re...

United States v. Serrano  
Date: May 10, 2017
Docket Number: 16-4321

Justia Opinion Summary: The Second Circuit held that it lacked jurisdiction to hear defendant's appeal of the denial of his Federal Rule of Criminal Procedure 29 and double jeopardy motions. Defendant has not stated a colorable double jeopardy...

Pyskaty v. Wide World of Cars, LLC  
Date: May 10, 2017
Docket Number: 16-815

Justia Opinion Summary: The Second Circuit reversed and remanded the district court's dismissal of plaintiff's lemon law suit based on lack of subject matter jurisdiction. Plaintiff filed suit under the Magnuson‐Moss Warranty—Federal Trade Comm...

NLRB v. Pier Sixty, LLC
Date: May 9, 2017
Docket Number: 15-1841
United States v. Lyle  
Date: May 9, 2017
Docket Number: 15-958

Justia Opinion Summary: The Second Circuit affirmed Defendants Lyle and Van Praagh's conviction and sentence for drug trafficking charges. The Second Circuit held that the district court did not err in denying Lyle's motion to suppress where he...

In re: Lehman Bros.  
Date: May 4, 2017
Docket Number: 16-1296

Justia Opinion Summary: After Lehman Brothers filed for Chapter 11 bankruptcy, thousands of its employees were holding restricted stock units (RSUs) that had been awarded over the preceding five years, but that had not yet vested and had thus b...

F5 Capital v. Pappas  
Date: April 26, 2017
Docket Number: 16-530

Justia Opinion Summary: F5, a Cayman Islands corporation that invests in international shipping companies, filed a shareholder derivative action on behalf of Star Bulk, a global shipping company, alleging that individual members of Star Bulk's...

NLRB v. Pier Sixty, LLC  
Date: April 21, 2017
Docket Number: 15-1841

Justia Opinion Summary: Pier Sixty challenged the determination that it violated Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(1) and (3), by discharging an employee in retaliation for protected activ...

In re Tronox Inc.  
Date: April 20, 2017
Docket Number: 16-343

Justia Opinion Summary: Avoca Plaintiffs filed suits against New Kerr-McGee, alleging toxic tort claims. The suits were stayed when the owners/operators of the Avoca Plant, Tronox debtors, filed for bankruptcy. In this appeal, Avoca challenged...

Zarda v. Altitude Express  
Date: April 18, 2017
Docket Number: 15-3775

Justia Opinion Summary: Plaintiff, a skydiver, filed suit against his former employer, Altitude Express, under Title VII of the Civil Rights Act, 42 U.S.C. 2000e et seq., and New York law, alleging that he was terminated from his position as a...

United States v. Diaz  
Date: April 18, 2017
Docket Number: 15-3776

Justia Opinion Summary: Defendant was found guilty of possessing a firearm as a previously convicted felon. At issue was whether the district court erred in denying defendant's motion to suppress the gun on Fourth Amendment grounds. The court c...

United States v. Babilonia  
Date: April 17, 2017
Docket Number: 14-3739

Justia Opinion Summary: Defendant Key was convicted of conspiracy to commit murder-for-hire and several drug- and firearm-related offenses. On appeal, defendant principally challenged the sufficiency of the evidence supporting his conviction fo...

United States v. Jenkins  
Date: April 17, 2017
Docket Number: 14-4295

Justia Opinion Summary: Defendant was convicted of one count of possession of child pornography and one count of transportation of child pornography. The government proved at trial that defendant owned a collection of child pornography and brou...

Brown Media Corp. v. K&L Gates, LLP  
Date: April 14, 2017
Docket Number: 15-4185

Justia Opinion Summary: Plaintiffs, unsuccessful bidders in a bankruptcy proceeding, appealed the district court's dismissal of their suit alleging claims for breach of fiduciary duty, tortious interference, and common law fraud against the law...

Saleem v. Corporate Transportation Group, Ltd.  
Date: April 12, 2017
Docket Number: 15-88

Justia Opinion Summary: Plaintiffs, black-car drivers in the greater New York City area, filed suit alleging that defendants, owners of black-car "base licenses" and affiliated entities, violated the Fair Labor Standards Act (FLSA), 29 U.S.C. 2...

United States v. Yalincak  
Date: April 10, 2017
Docket Number: 11-5446

Justia Opinion Summary: Defendant appealed two rulings by the district court vacating its order dated December 26, 2007, which had granted him more than $1.1 million in credits towards his restitution obligations pursuant to the Mandatory Victi...

United States, ex rel. Hayes v. Allstate Ins. Co.  
Date: April 4, 2017
Docket Number: 16-705

Justia Opinion Summary: Relator filed a qui tam action under the False Claims Act (FCA), 31 U.S.C. 3729 et seq., against numerous insurance and trucking companies. On appeal, relator challenged the district court's dismissal with prejudice as a...

Carlin v. Davidson Fink LLP  
Date: March 29, 2017
Docket Number: 15-3105

Justia Opinion Summary: Plaintiff, individually and on behalf of others similarly situated, filed suit against defendant, alleging violation of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq. Plaintiff alleged that defend...

Tru-Art Sign Co., Inc. v. Local 137 Sheet Metal Workers Int'l Ass'n  
Date: March 29, 2017
Docket Number: 15-3415

Justia Opinion Summary: Tru-Art appealed the district court's order denying its motion for interest and costs. After a jury trial, the district court entered judgment for Tru-Art. On appeal, this court affirmed the finding of liability, vacated...

Marin-Marin v. Sessions  
Date: March 27, 2017
Docket Number: 15-2074

Justia Opinion Summary: Petitioner, a native and citizen of Ecuador, sought review of the BIA's order affirming the IJ's finding of removeability based on his unlawful entry into the United States. Petitioner, an unaccompanied juvenile of 17, e...

Christiansen v. Omnicom Group, Inc.  
Date: March 27, 2017
Docket Number: 16-748

Justia Opinion Summary: Plaintiff filed suit against defendants under the Americans with Disabilities Education Act (ADA), 42 U.S.C. 12101 et seq.; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.; and state and local law. Pla...

Jacoby & Meyers v. The Presiding Justices of the First, Second, Third, and Fourth Departments  
Date: March 24, 2017
Docket Number: 15-2608

Justia Opinion Summary: Plaintiffs filed suit challenging the constitutionality of a collection of New York regulations and laws that together prevent for‐profit law firms from accepting capital investment from non‐lawyers. The district court d...

Minda v. United States  
Date: March 24, 2017
Docket Number: 15-3964

Justia Opinion Summary: Plaintiffs filed suit under 26 U.S.C. 7431 against the IRS, after the IRS sent a report containing plaintiffs' names, social security numbers, and financial information to the wrong person. The government conceded liabil...

United States v. Bodouva  
Date: March 22, 2017
Docket Number: 16-3937

Justia Opinion Summary: Defendant appealed her conviction of one count of embezzling funds from her company's 401(k) plan, and the forfeiture order entered against her. The court affirmed the conviction in a summary order issued contemporaneous...

Stevens v. Rite Aid Corp.  
Date: March 21, 2017
Docket Number: 15-277

Justia Opinion Summary: Plaintiff, who suffers from a fear of needles (trypanophobia), filed suit against Rite Aid, alleging violation of his rights under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., after he was terminat...

Chai v. Commissioner  
Date: March 20, 2017
Docket Number: 15-1653

Justia Opinion Summary: Petitioner and the Government cross-appealed the tax court's orders relating to petitioner's underreporting of income in his 2003 tax return, principally in connection with a $2 million payment he received from Delta Cur...

Gil v. Sessions  
Date: March 17, 2017
Docket Number: 15-3134

Justia Opinion Summary: Petitioner, born in the Dominican Republic to unwed parents and admitted to the United States as a lawful permanent resident, sought review of the BIA's decision affirming the IJ's finding that petitioner was ineligible...

United States v. Schaffer  
Date: March 15, 2017
Docket Number: 15-2516

Justia Opinion Summary: Defendant was convicted, among other crimes, of coercing and enticing a minor to engage in illegal sexual activity. The court held that the district court did not err in denying defendant's motion to suppress incriminati...

Umbach v. Carrington Investment Partners (US)  
Date: March 13, 2017
Docket Number: 15-1285

Justia Opinion Summary: Carrington appealed the district court's judgment requiring them to pay plaintiff, the indirect purchaser and assignee of a limited prejudgment interest in defendants' fund, damages plus prejudgment interest for breach o...

United States v. Johnson  
Date: March 10, 2017
Docket Number: 15-3498

Justia Opinion Summary: Defendant plead guilty to conspiracy to possess and distribute cocaine, cocaine base, heroin, and marijuana, and being a felon in possession of a firearm. The court concluded that defendant's plea was not entered volunta...

Radha Geismann, M.D., P.C. v. ZocDoc  
Date: March 9, 2017
Docket Number: 14-3708

Justia Opinion Summary: Plaintiff filed suit against ZocDoc, alleging violations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227. Plaintiff's suit stemmed from two unsolicited telecopies (faxes), it allegedly received from ZocDoc...

United States v. Monsalvatge  
Date: March 8, 2017
Docket Number: 14-1113

Justia Opinion Summary: Defendants Monsalvatge, Byam, and Dunkley appealed their convictions stemming from their armed robberies of two Pay‐O‐Matic check‐cashing stores. A summary order filed simultaneously with this opinion addressed the balan...

United States v. Finazzo  
Date: March 7, 2017
Docket Number: 14-3213

Justia Opinion Summary: Defendants Dey and Finazzo were involved in a conspiracy to use South Bay as a supplier of Aeropostale apparel in exchange for secret payments. Finazzo was a former merchandising executive for Aeropostale, and Dey contro...

Linares-Urrutia v. Sessions  
Date: March 7, 2017
Docket Number: 14-4419

Justia Opinion Summary: Petitioner sought review of the BIA's dismissal of his appeal from the denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). In this case, petitioner, who w...

CBF Industria De Gusa S/A v. AMCI Holdings, Inc.  
Date: March 2, 2017
Docket Numbers: 15-1133, 15‐1146

Justia Opinion Summary: CBF, appellants and award-creditors, challenged the district court's two judgments dismissing CBF's initial action to enforce and subsequent action to confirm a foreign arbitral award against appellees as alter-egos of t...

New York Pet Welfare Association v. New York City  
Date: March 2, 2017
Docket Number: 15-4013

Justia Opinion Summary: Plaintiffs filed suit challenging New York City's "Sourcing Law," which requires that pet shops sell only animals acquired from breeders holding a Class A license issued under the federal Animal Welfare Act (AWA), 7 U.S....

United States v. Natal  
Date: February 23, 2017
Docket Number: 15-94

Justia Opinion Summary: Defendants Natal and Morales appealed their sentences and convictions for crimes including arson resulting in death, accessory after the fact to arson, and destruction and concealment of evidence. The court held that tes...

Darnell v. City of New York  
Date: February 21, 2017
Docket Number: 15-2870

Justia Opinion Summary: Plaintiffs, 20 state pretrial detainees, filed suit under 42 U.S.C. 1983, alleging that the City and the supervisory officers of a pre-arraignment holding facility were deliberately indifferent to allegedly unconstitutio...

Carmichael v. Chappius  
Date: February 17, 2017
Docket Number: 16-1562

Justia Opinion Summary: After the district court granted habeas relief to petitioner based on his Batson v. Kentucky challenge, respondent appealed. The district court held that the New York State Appellate Division, First Department, had unrea...

Flo & Eddie v. Sirius XM Radio  
Date: February 16, 2017
Docket Number: 15-1164

Justia Opinion Summary: Sirius appealed the district court's order denying its motions for summary judgment and reconsideration in regard to Flo & Eddie's copyright infringement suit. The court certified a significant and unresolved issue of Ne...

United States v. Barret  
Date: February 15, 2017
Docket Number: 12-4663

Justia Opinion Summary: Defendants Barret, Mitchell, and Scarlett were convicted of conspiracy to distribute and possess with intent to distribute in excess of 1,000 kilograms of marijuana. The court joined its sister circuits in finding that t...

United States v. Marinello
Date: February 15, 2017
Docket Number: 15-2224
Coutard v. Municipal Credit Union  
Date: February 9, 2017
Docket Number: 15-1113

Justia Opinion Summary: Plaintiff filed suit under the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. 2601 et seq., against his employer, MCU, after he was denied leave to take care of his seriously ill grandfather who, in loco parentis...

In re ACTOS End-Payor Antitrust Litigation  
Date: February 8, 2017
Docket Number: 15-3364

Justia Opinion Summary: Plaintiffs filed a class action alleging that Takeda prevented competitors from timely marketing a generic version of Takeda’s diabetes drug ACTOS by falsely describing two patents to the FDA. Plaintiffs claimed that the...

Cadle Co. v. Fletcher
Date: February 6, 2017
Docket Number: 14-3404
Physicians Healthsource v. Boehringer Ingelheim Pharmaceuticals  
Date: February 3, 2017
Docket Number: 15-288

Justia Opinion Summary: Physicians filed suit against Boehringer, a pharmaceutical company, alleging violations of the Telephone Consumer Protection Act of 1991, as amended by the Junk Fax Protection Act of 2005 (TCPA), 47 U.S.C. 227. Specific...

Jia Sheng v. MTBank Corp.  
Date: February 2, 2017
Docket Number: 14-4467

Justia Opinion Summary: Plaintiff filed suit against MTBank, alleging violations of various state and federal statues by not allowing her to work remotely when she became pregnant. The magistrate judge ruled as a matter of law against plaintiff...

United States v. Ramirez  
Date: January 25, 2017
Docket Number: 15-2570

Justia Opinion Summary: After defendant pleaded guilty to one count of conspiracy to distribute five kilograms or more of cocaine, the district court sentenced him to 210 months in prison. Defendant moved for a sentence reduction under 18 U.S.C...

Microsoft Corp. v. United States
Date: January 24, 2017
Docket Number: 14-2985
Proctor v. LeClaire  
Date: January 24, 2017
Docket Number: 15-3673

Justia Opinion Summary: Plaintiff, an inmate confined in solitary confinement for the last twenty-two years, filed suit under 42 U.S.C. 1983 against current and former prison officials, alleging that his solitary confinement under Administrativ...

Restivo v. Hessemann  
Date: January 19, 2017
Docket Number: 14-4662

Justia Opinion Summary: After plaintiffs' convictions for rape and murder were vacated and they had served eighteen years in prison, plaintiff filed suit alleging, inter alia, malicious prosecution and denial of fair trial claims. Defendant, as...

In re: World Trade Center Lower Manhattan Disaster Site Litigation  
Date: January 19, 2017
Docket Number: 15-2181

Justia Opinion Summary: This appeal requires the court to determine whether Battery Park City Authority (BPCA) has the capacity to challenge a New York State claim-revival statute as unconstitutional under the New York State Constitution. The c...

Catskill Mountains Chapter of Trout Unlimited, Inc. v. EPA (Catskill III)  
Date: January 18, 2017
Docket Number: 14-1823

Justia Opinion Summary: Several environmentalist organizations and state, provincial, and tribal governments filed suit challenging the EPA's Water Transfers Rule. The Rule formalized the EPA's stance to take a hands‐off approach to water trans...

Trikona Advisers Limited v. Chugh  
Date: January 18, 2017
Docket Number: 14-975

Justia Opinion Summary: TAL challenges the district court's grant of summary judgment to the Chugh Defendants. The district court held that TAL's claims for breach of fiduciary duty by Chugh had previously been determined in Chugh's favor in a...

CBF Industria De Gusa S/A v. AMCI Holdings, Inc.  
Date: January 18, 2017
Docket Numbers: 15-1133, 15-1146

Justia Opinion Summary: CBF, appellants and award-creditors, challenged the district court's two judgments dismissing CBF's initial action to enforce and subsequent action to confirm a foreign arbitral award against appellees as alter-egos of t...

Marblegate Asset Management v. Education Management Finance Corp.  
Date: January 17, 2017
Docket Number: 15-2124

Justia Opinion Summary: EDMC challenges the district court's holding that a series of transactions meant to restructure EDMC’s debt over the objections of certain noteholders violated Section 316(b) of the Trust Indenture Act of 1939, 15 U.S.C....

A.M. v. N.Y.C. Department of Education  
Date: January 10, 2017
Docket Number: 15-4076

Justia Opinion Summary: Plaintiff, on behalf of herself and her autistic son, filed suit under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq., against the DOE, seeking tuition reimbursement and claiming procedura...

Moss v. Colvin  
Date: January 9, 2017
Docket Number: 15-2272

Justia Opinion Summary: Petitioner appealed the denial of his habeas petition filed under 28 U.S.C. 2254. The state trial court, during the trial testimony of the undercover officers involved in petitioner's arrest, closed the courtroom to the...

Ferrari v. County of Suffolk
Date: January 4, 2017
Docket Number: 15-975