2022 Second Circuit US Court of Appeals Case Law

Justia Opinion Summary: Plaintiff brought a lawsuit against Allianz Life Insurance Company of North America (“Allianz”) in Plaintiff’s capacity as a trustee of the Zupnick Family Trust 2008A (“Trust”). Plaintiff sought a declaratory judgment…

Justia Opinion Summary: Defendant appealed from a judgment of conviction entered after a jury found him guilty on counts related to a drug distribution conspiracy, the discharge of a firearm during a drug trafficking crime, and the unlawful…

Justia Opinion Summary: On appeal to the Second Circuit from remand from the United States Supreme Court, the court vacated Defendants’ convictions conversion of government property, wire fraud, and securities fraud; and convicting certain…

Justia Opinion Summary: Yale New Haven Hospital (“YNHH”) receives federal funds under the Medicare Act. As part of the statutory formula for determining appropriate funding, the Medicare Act directs the Secretary of Health and Human Services…

Justia Opinion Summary: Defendants, Connecticut Interscholastic Athletic Conference (the "CIAC") and its member high schools (together, "Defendants"), have followed the "Transgender Participation" Policy (the "Policy"), which permits high…

Justia Opinion Summary: The TLA Claimholders, who assert unsecured claims against Tam Linhas Aéreas S.A. (“TLA”), an affiliate of LATAM Airlines Group S.A. (“LATAM”), a large South American airline holding company, appealed from an order of the…

Justia Opinion Summary: Defendant was charged with five counts of an eight-count indictment in connection with the murders of two victims. Counts Four, Five, and Six charged Defendantwith conspiring to commit, and committing, murder for hire in…

Justia Opinion Summary: Following a jury trial Defendant was convicted of numerous crimes related to his leadership of two organizations, a self-styled executive coaching and self-help organization called NXIVM and a secret society called DOS.…

Justia Opinion Summary: Plaintiff brought this putative class action against more than twenty banks and brokers, alleging a conspiracy to manipulate two benchmark rates known as Yen-LIBOR and Euroyen TIBOR. He claimed that he was injured after…

Justia Opinion Summary: The United States appealed the district court’s judgment sentencing Defendant to 60 months' imprisonment following his plea of guilty to bank robbery, entering the banks with intent to commit larceny, bank larceny, and…

Justia Opinion Summary: Defendant, indicted for participating in a successful murder-for-hire scheme, was ordered detained pending trial. Defendant appealed the district court’s decision not to reopen his detention hearing under 18 U.S.C.…

Justia Opinion Summary: Plaintiff alleged that a participant loan program that Teachers Insurance and Annuity Association of America (TIAA) offered to her retirement plan is a prohibited transaction under the Employee Retirement Income Security…

Justia Opinion Summary: In 2014, Plaintiff, then a women’s soccer player at the University of Connecticut (“UConn”) and recipient of a one-year athletic scholarship, raised her middle finger to a television camera during her team’s post-game…

Justia Opinion Summary: International Flavors & Fragrances Inc. (“IFF”), a U.S.-based seller of flavoring and fragrance products, acquired Frutarom Industries Ltd. (“Frutarom”), an Israeli firm in the same industry. Leading up to the merger,…

Justia Opinion Summary: Appellant, proceeding pro se and under the pseudonym, “Publius Publicola,” appeals from the district court’s judgment (1) denying his motion to proceed under a pseudonym and (2) dismissing his claims under 42 U.S.C.…

Justia Opinion Summary: Plaintiff, formerly a tenured theology teacher at a Roman Catholic high school in Staten Island, appealed from the dismissal of his complaint against his labor union, the Federation of Catholic Teachers (the “FCT”), for…

Justia Opinion Summary: Petitioner, a native and citizen of Honduras, sought review of two decisions of the Board of Immigration Appeals (“BIA”) denying asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).…

Justia Opinion Summary: Defendant challenged the sentence imposed following his guilty plea for conspiring to support a terrorist group and the denial of his Federal Rule of Criminal Procedure 35(a) motion to correct the sentence. The Second…

Justia Opinion Summary: Pakistan International Airlines (“PIA”) failed to transport the body of N.B. to Pakistan for burial due to a miscommunication by employees of Swissport USA, PIA’s cargo loading agent. N.B.’s family members sued PIA and…

Justia Opinion Summary: In 2017, Congress passed an amendment to the statute setting forth quarterly fees in bankruptcy cases, 28 U.S.C. Sec. 1930. The 2017 Amendment increased quarterly fees in judicial districts in which the United States…

Justia Opinion Summary: In this dispute between an Insurer and pension holders, the Second Circuit granted in part and denied in part Insurer's motion to dismiss. Plaintiffs did not timely appeal from the district court’s orders addressing the…

Justia Opinion Summary: International Brotherhood of Electrical Workers, AFL-CIO 20 (“Local Union 97”), a union primarily of electrical workers, executed a memorandum of agreement (“2003 MOA”) detailing a two-pronged approach to providing…

Justia Opinion Summary: Plaintiffs brought various claims against Rockland County ("Rockland County Defendants") officials including a violation of the Free Exercise Clause of the First Amendment, based on orders which excluded children who…

Justia Opinion Summary: An immigration judge (“IJ”) denied Petitioner’s application for asylum, withholding of removal, and protection under he Convention Against Torture based on his failure to adequately corroborate his claim with documentary…

Justia Opinion Summary: Petitioner petitioned for review of a Board of Immigration Appeals (BIA) decision affirming an Immigration Judge’s denial of his application for asylum and withholding of removal under the Immigration and Nationality Act…

Justia Opinion Summary: Defendants appealed from an order denying their motion to dismiss in part and rejecting their qualified immunity defense against the Religious Freedom Restoration Act ("RFRA") claims of Plaintiffs. Plaintiffs are…

Justia Opinion Summary: Plaintiff appealed from a district court judgment granting Defendants’ motion to dismiss her complaint. n relevant part, the district court found wanting her claims for fraud in the enforcement of a mortgage; fraud upon…

Justia Opinion Summary: Plaintiff, as a receiver for debtor FutureNet Group, Inc., sued FutureNet’s judgment creditors – GTR Source, LLC (“GTR”) and Capital Merchant Services, LLC (“CMS”) – and the New York City Marshal for allegedly violating…

Justia Opinion Summary: Plaintiff brought an employment action claiming that his employer, Salisbury Bank and Trust Company (the "Bank") discharged him in violation of New York Labor Law Section 201-d because he chose to campaign for election…

Justia Opinion Summary: Plaintiff Aetna Life Insurance Company brought suit against Big Y Foods, Inc., for reimbursement of Aetna's payments for medical services on behalf of a woman after she was injured at a Big Y Foods, Inc. supermarket…

Justia Opinion Summary: Plaintiff appealed the district court’s dismissal of his Title VII discrete act and hostile work environment claims against the Federal Aviation Administration. The Second Circuit affirmed. The court concluded that…

Justia Opinion Summary: Plaintiff brought this putative class action against more than twenty banks and brokers, alleging a conspiracy to manipulate two benchmark rates known as Yen-LIBOR and Euroyen TIBOR. Plaintiff brought claims under the…

Justia Opinion Summary: Workers at Amazon’s JFK8 fulfillment center and members of their households (together, “Plaintiffs”) challenge workplace COVID-19 policies, practices, and procedures at JFK8. Their suit against Amazon.com, Inc. and…

Justia Opinion Summary: The Sears Holdings Corporation and its affiliates (collectively, the “Debtors” or “Sears”) carried approximately $2.68 billion of first- and second-lien secured debt at the time of its bankruptcy petition. The holders of…

Justia Opinion Summary: Defendant was convicted after a jury trial of conspiracy to commit mail, wire, and bank fraud. On appeal, Defendant argued that her pretrial counsel was constitutionally ineffective for failing to transmit a plea offer…

Justia Opinion Summary: On appeal from the district court’s judgment declaring valid and enforceable against Appellants instruments governing a debt issue—notes, indenture, and pledge agreement. The district court granted Appellees’ motion for…

Justia Opinion Summary: Petitioner petitioned for a review of the decision of the Board of Immigration Appeals to uphold the denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture. An…

Justia Opinion Summary: A collection of music publishers alleged infringement of their copyrights in 197 musical works when a series of live concert recordings was made available by Defendants for download and streaming on their websites.…

Justia Opinion Summary: Plaintiff appealed from the district court’s judgment granting Defendant Sirius XM Radio, Inc. (“Sirius XM”)’s motion to dismiss Plaintiff’s claims with prejudice for violations of his right of publicity under California…

Justia Opinion Summary: The Department of Labor brought a petition seeking review of a final order issued on December 31, 2020 by the Occupational Safety and Health Review Commission. The Commission found the phrase “stored in tiers” in the…

Justia Opinion Summary: Appellant CVG Ferrominera Orinoco, C.A. (“Ferrominera”), appealed from the district court’s judgment confirming a foreign arbitral award and granting attorney’s fees and costs in favor of Petitioner Commodities &…

Justia Opinion Summary: International Flavors & Fragrances Inc. (“IFF”), a U.S.-based seller of flavoring and fragrance products, acquired Frutarom Industries Ltd. (“Frutarom”), an Israeli firm in the same industry. Leading up to the merger,…

Justia Opinion Summary: Defendant-Appellant Donald J. Trump and Movant-Appellant the United States of America appealed from a district court’s judgment denying their motion to substitute the United States in this action pursuant to the Westfall…

Justia Opinion Summary: Plaintiff appeals the district court’s judgment granting Defendants’ motion for summary judgment on the ground of qualified immunity. Plaintiff argued that Defendant police officers violated clearly established law by…

Justia Opinion Summary: Plaintiffs deliver baked goods by truck to stores and restaurants in designated territories within Connecticut. They brought an action in district court on behalf of a putative class against Flowers Foods, Inc. and two…

Justia Opinion Summary: The United States District Court for the Southern District Court  concluded that Lincoln Life & Annuity Company of New York was not obligated under New York Insurance Law Section 3203(a)(2) to refund a payment that…

Justia Opinion Summary: Plaintiff National Rifle Association of America (the "NRA") claims that Defendant, the former Superintendent of the New York State Department of Financial Services ("DFS"), violated its rights to free speech and equal…

Justia Opinion Summary: Defendant appealed from a judgment of conviction following his guilty plea to one count of transmitting a threat in interstate commerce, one count of threatening to assault a federal law officer, and one count of…

Justia Opinion Summary: Petitioner appealed dismissing his pro se petition for a writ of habeas corpus and an order denying his motion for reconsideration. Petitioner challenged his conviction on the ground that the state court erroneously…

Justia Opinion Summary: Defendants JABA Associates LP and its general partners appealed the district court’s judgment granting summary judgment to Plaintiff, (“Trustee”), pursuant to the Securities Investor Protection Act of 1970 (“SIPA”). JABA…

Justia Opinion Summary: Plaintiff sued individuals and entities affiliated with the Russian Orthodox Church Outside Russia ("ROCOR" and, collectively, "Defendants") -- for defamation, contending that they defamed him when they publicly accused…

Justia Opinion Summary: Petitioner a native and citizen of Mexico, sought review of a Board of Immigration Appeals (“BIA”) decision affirming the decision of an Immigration Judge (“IJ”) denying Petitioner’s application for cancellation of…

Justia Opinion Summary: Defendant OneBeacon Insurance Company reinsured one of three excess insurance policies issued by Plaintiff Fireman’s Fund Insurance Company to policyholder ASARCO, Inc. After developing significant potential liability on…

Justia Opinion Summary: Plaintiff alleged that while he was incarcerated at a facility run by the New York Department of Corrections and Community Supervision (“DOCCS”), he was beaten by corrections officers who were attempting to break up a…

Justia Opinion Summary: Plaintiffs in two putative class actions took out home mortgage loans from Bank of America, N.A. (“BOA”), one before and the other after the effective date of certain provisions of the DoddFrank Wall Street Reform and…

Justia Opinion Summary: Hudson Valley Federal Credit Union (“HVCU”) appealed from the district court’s ruling denying HVCU’s motion to compel arbitration of Plaintiff’s putative class action claims for breach of contract, breach of the covenant…

Justia Opinion Summary: Plaintiff Citibank, N.A, the Administrative Agent for the lenders on a $1.8 billion seven-year syndicated loan to Revlon Inc., appeals from the judgment of the district court in favor of Defendants, the Loan Managers for…

Justia Opinion Summary: A group of public servants who had contacted Navient for help repaying their loans (collectively, “Plaintiffs”) filed a putative class action lawsuit, alleging that Navient had not “lived up to its obligation to help…

Justia Opinion Summary: Plaintiffs brought a class action complaint against Cellular Sales of New York, LLC and Cellular Sales of Knoxville, Inc. (“Cellular”) for unfair wage deductions, unpaid compensable work, untimely commissions, unjust…

Justia Opinion Summary: Plaintiff filed for Social Security benefits, but her application was denied by the Social Security Commissioner. The Appeals Council denied review, which made the Commissioner’s decision final. Plaintiff appealed that…

Justia Opinion Summary: This dispute arises out of the efforts of the federal Environmental Protection Agency (“EPA”) to designate a new waste disposal site on Long Island Sound for byproducts of local dredging activities. New York State and…

Justia Opinion Summary: Defendants were charged with conspiracy to possess with intent to distribute 100 kilograms or more of marijuana. Defendants filed a joint motion to dismiss the narcotics conspiracy count on the grounds that the…

Justia Opinion Summary: Defendant pled guilty to one count of receipt of child pornography, in violation of 18 U.S.C. Sections 2252A(a)(2)(B), (b)(1), and 2, and one count of possession of child pornography, in violation of 18 U.S.C. Sections…

Justia Opinion Summary: Defendant contends primarily that the district court erred in denying his motion pursuant to Section 3582 by refusing to consider new evidence that he says calls into question the validity of his conviction.   The…

Justia Opinion Summary: Plaintiffs suing individually and on behalf of others similarly situated, appealed from an August 2020 judgment of the United States District Court for the Southern District of New York, on the ground of forum non…

Justia Opinion Summary: Plaintiffs are members of the Shinnecock Indian Nation and assert an ancestral right to fish in the Shinnecock Bay without interference. Over the past decade, state officials ticketed and prosecuted Plaintiffs for…

Justia Opinion Summary: Petitioner petitioned the United States Tax Court to redetermine her income tax deficiency after the Commissioner of Internal Revenue concluded that she was subject to a 10-percent exaction under 26 U.S.C. Section 72(t)…

Justia Opinion Summary: Defendant was convicted of conspiracy to commit wire fraud and conspiracy to commit securities fraud and ordered to pay restitution. The district court granted the Government’s application for writs of garnishment…

Justia Opinion Summary: Art dealer Inigo Philbrick sold V&A Collection, LLC an ownership interest in artwork by Wade Guyton (the “Guyton”). In a second transaction, made without V&A’s knowledge or participation, Guzzini Properties Ltd.…

Justia Opinion Summary: The case concerned the scope of the audit authority of a multi-employer employee benefit fund covered by the Employee Retirement Income Security Act (“ERISA”). The New York State Nurses Association Benefit Fund (the…

Justia Opinion Summary: Plaintiff a former bus driver for Defendant Maine-Endwell Central School District (the “School District”), appealed the dismissal of his complaint by the district court. Plaintiff contends that the School District…

Justia Opinion Summary: Petitioner appealed the district court’s judgment denying his petition for a writ of habeas corpus under 28 U.S.C. Section 2254, following his conviction in New York state court for first-degree rape. Petitioner argued…

Justia Opinion Summary: Plaintiff sued Defendants -- individuals and entities affiliated with the Russian Orthodox Church Outside Russia ("ROCOR" and, collectively, "Defendants") -- for defamation, contending that they defamed him when they…

Justia Opinion Summary: Defendants, federal prison officials, appealed a district court’s judgment awarding former prisoner $20,000 for mental and emotional injury requesting damages pursuant to Bivens v. Six Unknown Named Agents of Federal…

Justia Opinion Summary: Plaintiff filed a Freedom of Information Act (“FOIA”)  lawsuit seeking to compel Defendants to produce notes and memoranda memorializing interviews conducted by federal prosecutors and law enforcement agents in the…

Justia Opinion Summary: TIG Insurance Company (“TIG”) appeals from a judgment and order of the district court. TIG asserts that Judge Ramos erred in ordering it to arbitrate a coverage dispute with ExxonMobil Oil Corporation (“Exxon”). Even if…

Justia Opinion Summary: The case concerns the extent of an employer’s obligation to provide accommodations to a job applicant with a disability under section 504 of the Rehabilitation Act of 1973 (incorporating the standard set forth in Title I…

Justia Opinion Summary: The American subsidiary of Alstom Power, Inc. (“API”), a global power and transportation services company, hired two consultants to bribe Indonesian officials to help secure a $118 million power contract. Defendant, who…

Justia Opinion Summary: Appellees hold a Foreign Sovereign Immunities Act of 1976 (FSIA) judgment against the Islamic Republic of Iran. Based on that judgment, Appellees moved for a writ of execution against the assets of Kuwait Finance House…

Justia Opinion Summary: A jury convicted Defendant of conspiracy to commit armed bank robbery; armed bank robbery; and brandishing a firearm during a crime of violence. He was sentenced to 219 months in prison. Defendant appealed, challenging…

Justia Opinion Summary: Plaintiffs appealed from a district court judgment dismissing, as preempted by the federal Food, Drug, and Cosmetic Act (“FDCA”), their claims under the Connecticut Product Liability Act (“CPLA”) for injuries caused by a…

Justia Opinion Summary: Village Green at Sayville, LLC sued the Town of Islip, its Town Board, its Planning Board, and the members of the Town and Planning Boards, alleging that a pattern of racial, ethnic, and national origin discrimination by…

Justia Opinion Summary: Petitioner petitioned for the court’s review of the Board of Immigration Appeal’s (BIA) denial of his motion to reopen his removal proceedings. According to Petitioner, the BIA erred in finding his motion to be…

Justia Opinion Summary: Three Defendants (“Defendant 1” “Defendant 2” and “Defendant 3” collectively “Defendants”) were convicted of firearms, narcotics, and racketeering offenses following a jury trial at which Defendant 1 and Defendant 2…

Justia Opinion Summary: After the district court granted summary judgment in favor of two government agencies and a pharmaceutical company in this Freedom of Information Act ("FOIA") case. Plaintiff, a science writer and journalism professor,…

Justia Opinion Summary: Plaintiff claimed that UBS Securities, LLC and UBS AG (together “UBS”) fired him in retaliation for reporting alleged fraud on shareholders to his supervisor. Plaintiff sued UBS under the whistleblower protection…

Justia Opinion Summary: Plaintiffs submitted a petition to the United States Attorney’s Office for the Southern District of New York that contained information related to the September 11, 2001 attacks and requested that the Office present the…

Justia Opinion Summary: In an appeal from a district court ruling reducing an order of attachment in aid of arbitration. The district court had initially granted an ex parte order in favor of Petitioner, an Iraqi cell phone company (“Telecom”),…

Justia Opinion Summary: Plaintiff appealed the dismissal of his direct suit against Defendant Brightstar Asia, Ltd. In connection with the sale of his company, Harvestar, to Brightstar Asia, Plaintiff entered into a contract with Brightstar…

Justia Opinion Summary: Defendant was indicted for knowingly producing child pornography in violation of federal law. He moved to suppress evidence gathered from his electronic devices, arguing that the government’s search warrants lacked…

Justia Opinion Summary: Petitioner appealed from a district court judgment denying his petition for writ of habeas corpus in connection with an extradition proceeding. Petitioner argued that the text of the relevant extradition treaty and its…

Justia Opinion Summary: Plaintiff appealed from a district court’s order awarding him attorney’s fees under 42 U.S.C. Section 1988 in an amount substantially less than he sought. After Plaintiff prevailed against the City of New York on the…

Justia Opinion Summary: Petitioner a native and citizen of South Korea, sought review of a Board of Immigration Appeals  (BIA) decision affirming an Immigration Judge’s denial of Petitioner’s application for cancellation of removal. The BIA…

Justia Opinion Summary: Plaintiffs are several parents suing on behalf of themselves and their children, whose requests for medical exemptions from the school immunization requirements were largely denied. They brought this action below against…

Justia Opinion Summary: Appellant appealed from a judgment of the district court affirming an order of the bankruptcy court denying the Appellant’s statutory discharge under 11 U.S.C. Section 727(a)(2). Appellant argued that the bankruptcy…

Justia Opinion Summary: International Code Council, Inc. ("ICC"), a nonprofit organization that develops model building codes and standards, sued a for-profit competitor, UpCodes, Inc., for false advertising and false statements in violation of…

Justia Opinion Summary: Defendant appealed his conviction following a jury trial in district court in which he was found guilty of racketeering, murder in aid of racketeering, various narcotics offenses, interstate prostitution, and sex…

Justia Opinion Summary: Plaintiffs appealed a district court judgment dismissing their action against Defendants-Appellees BLC Bank, S.A.L. (“BLC”), Credit Libanais, S.A.L. (“CL”), AlMawarid Bank, S.A.L. (“AM”), and Banque du Liban (“BDL”) for…

Justia Opinion Summary: Defendant, represented by New York’s Attorney General, appealed from a district court judgment holding that New York Penal Law Section 215.50(7), which prohibits certain speech within a 200 feet radius of a courthouse,…

Justia Opinion Summary: Plaintiff appealed from a judgment of the district court dismissing on abstention grounds his complaint asserting claims of replevin, conversion, and statutory theft relating to a Jackson Pollock collage. On appeal,…

Justia Opinion Summary: Plaintiff Pfizer, Inc. brought an action in the United States District Court for the Southern District of New York under the Administrative Procedure Act, 5 U.S.C. Section 706(2), challenging an advisory opinion issued…

Justia Opinion Summary: In a trademark dispute under the Lanham Act, 15 U.S.C. sections 1114, 1125(a), and New York’s law of trademark and unfair competition, PepsiCo, Inc., the Defendant, which marketed a canned energy drink under the mark…

Justia Opinion Summary: Defendant was convicted of conspiracy to commit Hobbs Act robbery. Application Note 1 to Section 4B1.2 provides that, among other things, a conspiracy to commit a crime of violence is itself a crime of violence. The…

Justia Opinion Summary: Petitioner worked at a subsidiary of the Royal Bank of Scotland Group PLC (“RBS” or “the Bank”) for six weeks in the fall of 2007 before resigning, prompted by what he believed to be unlawful practices engaged in by the…

Justia Opinion Summary: Plaintiffs brought a suit under the Commodity Exchange Act (CEA), alleging that the Defendants engaged in fraudulent trading tactics – to Plaintiffs’ detriment – in markets for precious metals. The district court granted…

Justia Opinion Summary: Plaintiff, a police officer for the Metropolitan Transportation Authority (“MTA”), sued the MTA under the Federal Employers’ Liability Act (“FELA”), alleging that the MTA negligently failed to provide him with a safe…

Justia Opinion Summary: The Securities and Exchange Commission (“SEC”) brought scheme liability claims in a 2017 enforcement action against Rio Tinto plc, Rio Tinto Limited, and its CEO and CFO, pursuant to Rule 10b-5(a) and (c), promulgated…

Justia Opinion Summary: Esso Exploration and Production Nigeria Limited, (“Esso”) the Nigerian subsidiary of an international oil corporation, asked federal courts in the United States to enforce an arbitral award of $1.8 billion, plus…

Justia Opinion Summary: Defendant-Appellant U.S. Department of Homeland Security (“DHS”) appealed the judgment of the district court ordering the U.S. Secret Service, a component of DHS, to release certain records that Plaintiff-Appellee…

Justia Opinion Summary: Appellee held a 99% interest in 72 Grandview LLC, which in turn owned a residential property that Appellee occupied as her primary residence. Appellant Bayview Loan Servicing LLC  (“Bayview”) initiated a foreclosure…

Justia Opinion Summary: Appellant American Plan Administrators (“APA”) appealed an order transferring to the Southern District of Florida its motion to quash a third-party subpoena. Appellee South Broward Hospital District (“South Broward”),…

Justia Opinion Summary: After a three-and-a-half-year delay, a jury convicted Appellant of conspiring to launder the proceeds generated by a network of Brooklyn medical clinics. Appellant appealed his conviction and sentence. He argued that the…

Justia Opinion Summary: Petitioners sought review of a December 14, 2018, decision of the Board of Immigration Appeals (the "BIA") affirming a decision of an Immigration Judge (the "IJ") denying asylum, withholding of removal, and relief under…

Justia Opinion Summary: Plaintiffs owned a home in Ontario County, New York. Following foreclosure, the couple filed for protection under Chapter 13 of the Bankruptcy Code and filed a complaint seeking to avoid the loss of their home on the…

Justia Opinion Summary: Police received reports of a gunshot fired from the roof of a building. Officers responded to the scene within two minutes, at which point they observed Defendants exiting a building. While officers were not sure which…

Justia Opinion Summary: Defendant was convicted of six counts of criminal contempt for repeatedly defying court orders, for which he was sentenced to six months’ imprisonment. He challenges the conviction, arguing that the district court’s…

Justia Opinion Summary: Plaintiff Bainbridge Fund Ltd. is the beneficial owner of bonds issued by the Republic of Argentina. Argentina defaulted on these bonds back in 2001, but Bainbridge didn’t sue to recover them until 2016. The district…

Justia Opinion Summary: Defendant was convicted of possessing marijuana with intent to distribute, and of conspiracy to distribute and possess with intent to distribute, 100 kilograms or more of marijuana following a jury trial.   On appeal,…

Justia Opinion Summary: Petitioner was convicted of (1) conspiracy to commit second-degree murder in aid of racketeering, (2) second-degree murder in aid of racketeering, and (3) using a firearm during and in relation to a crime of violence, in…

Justia Opinion Summary: Plaintiffs are practicing Muslims who believe that they are required under the precepts of their religion to perform five daily congregational prayers with as many other Muslims as are available and wish to participate.…

Justia Opinion Summary: Following a disturbance at a hospital, two New York City police officers arrested Plaintiff and transported her to another hospital for a psychiatric evaluation. Plaintiff asserted false arrest claims, alleging that the…

Justia Opinion Summary: Defendant was convicted, pursuant to a guilty plea, of conspiracy to engage in a pattern of racketeering activity, in violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”).  The charge was based on…

Justia Opinion Summary: Defendant filed his compassionate release motion after exhausting his administrative remedies. The Government conceded that Defendant’s medical conditions arguably met the threshold requirement of an extraordinary and…

Justia Opinion Summary: Petitioner filed an application for naturalization with the United States Citizenship and Immigration Services (“USCIS”). His application was denied when USCIS determined that he was ineligible for naturalization.…

Justia Opinion Summary: Plaintiff worked as a flight attendant for Delta Air Lines. She alleged that, while working on an airplane, she heard a passenger refer to her using a racist remark and reported the passenger’s remark to the pilot. The…

Justia Opinion Summary: Defendant appealed the district court’s judgment of conviction on charges including racketeering conspiracy, in violation of the Racketeer-Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. Section 1962(d) and…

Justia Opinion Summary: Plaintiff appealed from the district court’s ruling granting summary judgment on all claims to Defendants-Appellees Chautauqua County (“the County”) and Correction Officers (“the Officers”) in this civil rights suit…

Justia Opinion Summary: Petitioner participated in the bombings of American embassies in Africa. The attacks killed 224 people. In 2001, he was convicted of 266 counts and sentenced to 264 concurrent life terms of imprisonment, to be followed…

Justia Opinion Summary: Defendant was sentenced to a 40- month term of imprisonment for being a felon in possession of a firearm, in violation of 18 U.S.C. Section 922(g)(1). In calculating Defendant's advisory sentencing range under the United…

Justia Opinion Summary: Plaintiff appealed the dismissal of his lawsuit seeking long-term disability benefits under the Employee Retirement Income Security Act of 1974 (“ERISA”) from Hartford Life and Accident Insurance Company. The district…

Justia Opinion Summary: Defendant was arrested for various federal crimes based on his participation in a global crime ring. Before his sentencing hearing, the Covid-19 pandemic hit the United States, closing down courts. Eventually, and with…

Justia Opinion Summary: A former faculty member appealed the district court’s judgment dismissing (A) claims against the university principally for violation of his right to due process, and for gender and national origin discrimination in…

Justia Opinion Summary: The appeal involved involves five lawsuits in which visually impaired Plaintiffs sued Defendant stores under the Americans with Disabilities Act (“ADA”) for failing to carry braille gift cards. The complaints alleged…

Justia Opinion Summary: Connecticut State Police Union (“CSPU”) brought suit against the Commissioner of Connecticut’s Department of Emergency Services and Public Protection (the “Commissioner”), alleging that the FOIA-related portions of the…

Justia Opinion Summary: Plaintiff brought suit against the Estate of her ex-husband and against his widow individually and as administratrix of the Estate, claiming that her ex-husband misrepresented the value of his real estate investments…

Justia Opinion Summary: Plaintiff A&B Alternative Marketing Inc. (“A&B”) filed a Complaint against Defendants, International Quality Fruit Inc. (“IQF”), H&A International Fruit 14 Corp. (“H&A”), and others alleging violations of the Perishable…

Justia Opinion Summary: Plaintiff, sued her former employer, alleging a variety of employment law violations. Defendant moved to dismiss her suit and to compel arbitration. Defendant supported the motion by presenting an arbitration agreement…

Justia Opinion Summary: Plaintiffs, investors in 22nd Century Group, alleged on behalf of an investor class that (1) Defendants engaged in an illegal stock promotion scheme in which they paid authors to write promotional articles about the…

Justia Opinion Summary: Plaintiff filed an action against the International Criminal Police Organization (“Interpol”), charging negligent infliction of emotional distress and violation of his right to due process of law under the New York State…

Justia Opinion Summary: Appellant, a law firm, challenged the district court’s order affirming the bankruptcy court’s denial of the firm’s request for appellate attorneys’ fees. The bankruptcy court determined that it lacked the authority to…

Justia Opinion Summary: Defendant appealed the district court’s judgment revoking his term of supervised release and sentencing him to a total term of 28 months imprisonment for violations of multiple conditions of his supervised release. On…

Justia Opinion Summary: Plaintiff sued Nassau County (the “County”) and five “John Doe” law enforcement officers (the County and the individuals together, “Defendants”) for alleged constitutional violations arising from their enforcement of New…

Justia Opinion Summary: Petitioner appealed the district court's order entered dismissing his petition to vacate an arbitration award. The Federal Arbitration Act ("FAA") requires that notice of a motion to vacate an arbitration award be served…

Justia Opinion Summary: Petitioner sought review of a Board of Immigration Appeals (“BIA”) decision finding her ineligible for cancellation of removal because of her 2014 New York conviction for attempted second-degree money laundering.…

Justia Opinion Summary: Movant, IJK Palm LLC filed a motion in the district court seeking discovery under 28 U.S.C. Section 1782 from several companies and individuals for use in a suit it intended to file in the Cayman Islands. After IJK filed…

Justia Opinion Summary: Plaintiffs, who deliver baked goods in designated territories in Connecticut, brought an action on behalf of a putative class against the manufacturer of the baked goods that Plaintiffs deliver. The district court…

Justia Opinion Summary: Petitioner was convicted of manslaughter for administering a fatal dose of prescription medication to her son. The courtroom was closed to spectators for fifteen minutes, during which the prosecutor addressed a website…

Justia Opinion Summary: Petitioner challenged an order of removal based on his violation of a court protection order and moved for leave to proceed in forma pauperis, appointment of counsel, and a stay of removal. Respondent, in turn, moved to…

Justia Opinion Summary: Appellants, heirs to the late songwriter and record producer Hugo Peretti, appealed from the district court’s order dismissing Appellants’ action, which sought a declaratory judgment that Appellants had validly…

Justia Opinion Summary: Defendant appealed a judgment entered in district court following a jury trial, convicting him of conspiracy to restrain trade in violation of Section 1 of the Sherman Act. On appeal, Defendant argued that the district…

Justia Opinion Summary: Plaintiffs the Civil Service Employees Association (“CSEA”) and certain of its officers and retired former members (collectively, “the CSEA Plaintiffs”) brought a breach of contract action and unconstitutional impairment…

Justia Opinion Summary: Petitioner petitioned for review of an immigration officer’s decision to reinstate a prior order of removal against him and for review of an immigration judge’s subsequent decision that he does not qualify to pursue…

Justia Opinion Summary: Defendants appeal from judgments of the district court convicting them of crimes arising from their participation in a street gang known as the Six Tre Outlaw Gangsta Disciples Folk Nation. All three were convicted of…

Justia Opinion Summary: Petitioner was convicted of second-degree murder and other offenses in New York state court. During jury selection, Petitioner’s lawyer exercised peremptory strikes against two male jurors, but the prosecutor raised a…

Justia Opinion Summary: Plaintiff sued her employer, the Institute of International Education, for discrimination in violation of federal, state, and local, employment law. The district court referred the matter to New York’s mediation program…

Justia Opinion Summary: Plaintiff filed a federal action against the State of Connecticut, a colonel in his official capacity, and a retired detective in her individual capacity, alleging three constitutional claims under 42 U.S.C. Sec. 1983.…

Justia Opinion Summary: During the height of the COVID-19 public health crisis, the United States District Court for the Southern District of New York Judge issued a preliminary injunction principally requiring the United States Immigration &…

Justia Opinion Summary: Plaintiff argued that the insurance contract between the parties was governed by a document provided on January 9, 2014, instead of February 19, 2014; that she is entitled to a judgment based on the insurance company’s…

Justia Opinion Summary: The court addressed Defendants' appeal of the District Court’s Rule 33 Order. On appeal, the court addressed the district court’s ruling that the information withheld by the prosecution was neither “suppressed” within…

Justia Opinion Summary: Plaintiff sued Defendant Cable News Network, Inc. (“CNN”) for defamation and civil conspiracy in the United States District Court for the Eastern District of Virginia. The case was transferred to the Southern District of…

Justia Opinion Summary: Plaintiffs Aenergy, S.A., and Combined Cycle Power Plant Soyo, S.A. (together, “AE”), sued various Angolan Government entities (together, “Angola”), plus General Electric Co. and related entities (together, “GE”). AE…

Justia Opinion Summary: A jury convicted defendants for various offenses for their role in a crime syndicate. The court sentenced each defendant to 198 months’ imprisonment. On appeal, the defendants raised various arguments including…

Justia Opinion Summary: Defendants-Appellants the United States Citizenship and Immigration Services (“USCIS”), the United States Department of State (“DOS”), and the United States Immigration and Customs Enforcement (“ICE”) appealed from three…

Justia Opinion Summary: Plaintiff filed a claim for Social Security benefits. In support of her disability claims, she presented the opinions of two of her treating physicians. After a hearing, an ALJ assigned partial weight to the treating…

Justia Opinion Summary: Plaintiffs filed a putative class action alleging that Haitian government officials and multinational corporations conspired to fix the prices of remittances and telephone calls from the United States to Haiti.…

Justia Opinion Summary: The Second Circuit held that the district court did not err in finding Defendant Ayfer has not yet satisfied her restitution obligation to W.A-M. The court also concluded that district courts may employ the hybrid…

Justia Opinion Summary: Plaintiff challenged the USCIS's denial of his application for lawful permanent residence (LPR) as arbitrary and capricious under the Administrative Procedure Act (APA). The district court affirmed the denial under the…

Justia Opinion Summary: The Second Circuit affirmed the district court's denial of summary judgment as to absolute and qualified immunity in an action raising Fourth Amendment claims of false arrest and malicious prosecution brought pursuant to…

Justia Opinion Summary: After Phillips invoked the force majeure clause to terminate its agreement to sell a Rudolf Stingel painting on behalf of JN based on COVID-19 nonessential business restrictions, JN filed suit for breach of contract,…

Justia Opinion Summary: Plaintiffs, a putative class of fantasy sports players, filed suit alleging claims for fraudulent misrepresentations and omissions, negligent misrepresentations, violations of various state consumer protection laws, and…

Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's complaint, alleging violations of regulations promulgated pursuant to the Americans with Disabilities Act of 1990 (ADA). Plaintiff, who uses a…

Justia Opinion Summary: Plaintiff filed this federal action after a Connecticut probate court issued an order recognizing the validity of a state lien against plaintiff's interest in an estate. The district court applied the doctrine…

Justia Opinion Summary: The Second Circuit concluded that, under its precedents, there can be no doubt that a Notice to Appear that omits information regarding the time and date of the initial removal hearing is nevertheless adequate to vest…

Justia Opinion Summary: Springfield, debtors in bankruptcy who applied for and were denied Paycheck Protection Program (PPP) funds pursuant to the CARES Act solely due to their bankruptcy status, initiated this adversary proceeding in…

Justia Opinion Summary: Exxon appealed the dismissal of its complaint against the New York and Massachusetts Attorneys General, alleging that the states' investigations into Exxon's purportedly deceptive speech regarding climate change were…

Justia Opinion Summary: GenSys appealed the district court's grant of summary judgment in favor of Adar Bays, the holder of a Convertible Redeemable Note securing a loan to GeneSYS. The district court held that the Note's interest rate did not…

Justia Opinion Summary: Objectors challenged the district court's judgment approving a class action settlement that includes Freddie Mac, with FHFA as its conservator, as a member of the plaintiff settlement class and enjoins FHFA from further…

Justia Opinion Summary: The Second Circuit affirmed the district court's grant of Bristol-Myers's motion to dismiss for failure to state a claim in a securities class action brought by investors. This securities class action arose from a failed…

Justia Opinion Summary: Plaintiffs, ten nurses and their former attorney, filed claims under 42 U.S.C. 1983 as well as common law claims of false arrest and malicious prosecution under New York law against defendants, alleging that Defendants…

Justia Opinion Summary: Plaintiff filed suit alleging that the USTA discriminated and retaliated against him in violation of Title VII of the Civil Rights Act of 1964, and discriminatorily interfered with his employment contract with AJ Squared…

Justia Opinion Summary: The PBA appeals the district court's order denying its motion to intervene in the consolidated cases captioned In re New York City Policing During Summer 2020 Demonstrations, asserting interests in the litigation that it…

Justia Opinion Summary: The Second Circuit certified the following questions to the Connecticut Supreme Court: 1. Under Connecticut law, can a proceeding before a nongovernment entity ever be deemed quasi-judicial for purposes of affording…

Justia Opinion Summary: The Mandatory Victims Restitution Act requires defendants convicted of certain crimes to reimburse their victims for “lost income and necessary child care, transportation, and other expenses incurred during participation…

Justia Opinion Summary: In 2016, Clenista, then on supervised release for another federal methamphetamine-distribution conviction pleaded guilty to conspiracy to distribute and possess with intent to distribute 500 or more grams of…

Justia Opinion Summary: In connection with his leading role in a Chinese construction company in 2010-2016, Zhong was convicted of forced-labor conspiracy 18 U.S.C. 1594(b); forced labor, section 1589(a) and (b); concealing passports and…

Justia Opinion Summary: Ferreiras became a lawful permanent resident in 2011. On three separate occasions in 2017, he was convicted of New York petit larceny. Ferreiras was charged as removable as a noncitizen convicted of two or more crimes…

Justia Opinion Summary: Soto, a former Disney employee, alleged that Disney improperly denied her severance benefits upon her termination for physical illness that rendered her unable to work. Soto, a longtime employee had experienced a severe…

Justia Opinion Summary: The Second Circuit granted the petition for review and vacated the agency's denial of petitioner's claims for asylum, withholding of removal, and protection under the Convention Against Torture (CAT) because those…

Justia Opinion Summary: At a gas station, police detained the vehicle that Patterson was driving because it fit the description of a car whose occupants had reportedly menaced a woman with a firearm in a nearby supermarket parking lot. They…

Justia Opinion Summary: Defendant, a citizen and resident of France charged with violating the Commodity Exchange Act, appealed the district court's memorandum order applying the fugitive disentitlement doctrine and denying her motions to…

Justia Opinion Summary: Plaintiffs, seven inmates in Connecticut state prison facilities, filed suit against DOC alleging that the 2012 revised Administrative Directive, which limits access by inmates to pictorial sexually explicit materials,…

Justia Opinion Summary: The Second Circuit vacated the district court's order vacating its earlier grant of Nigeria's application for discovery from VR under 28 U.S.C. 1782, holding that the district court's decision was based on an error of…

Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for conspiracy to commit sex trafficking of a minor. The court held that acceptance of a guilty plea must be reviewed de novo. The court also concluded that although the…

Justia Opinion Summary: The CIA appealed the district court's amended judgment ordering it to make public certain information contained in a draft summary of the CIA's former detention and interrogation program, as well as the transcript of…

Justia Opinion Summary: Defendant appeals issues arising from his 2017 amended judgment of conviction for Hobbs Act robbery and firearm offenses in the Southern District of New York. The Second Circuit affirmed the district court's judgment as…

Justia Opinion Summary: The Second Circuit reversed the district court's denial in part of the law firm's motion for attorney's fees in a Social Security disability case. The court held that for a court to find an attorney's agreed-upon…

Justia Opinion Summary: The Second Circuit reversed defendants' convictions for wire fraud in violation of 18 U.S.C. 1343 and conspiracy to commit wire fraud and bank fraud in violation of 18 U.S.C. 1349, in connection with the London Interbank…

Justia Opinion Summary: The Second Circuit affirmed the district court's judgment in an action brought by the Fund against C&S Wholesale Grocers under the Employee Retirement Income Security Act (ERISA). The court held that the district court…

Justia Opinion Summary: Under 26 U.S.C. 7345, if a court determines that a "seriously delinquent" certification was erroneous, it may order the Secretary of the Treasury to notify the Secretary of State of that fact. No other relief is…

Justia Opinion Summary: The Second Circuit dismissed plaintiff's appeal of the district court's judgment deeming his Federal Rule of Civil Procedure 41(a)(1)(A)(i) notice of dismissal without prejudice withdrawn and compelling arbitration. The…

Justia Opinion Summary: The Second Circuit affirmed the district court's judgment convicting defendant, known as "El Chapo," of conducting a continuing criminal enterprise (CCE), drug trafficking conspiracies, unlawful use of a firearm, and a…

Justia Opinion Summary: Class members are Medicare Part A beneficiaries who are formally admitted to a hospital as "inpatients" before their subsequent reclassification as outpatients receiving "observation services." Plaintiffs filed suit…

Justia Opinion Summary: Plaintiff, a bridal designer and social media influencer, appealed the district court's preliminary injunction (PI), based in part on an employment agreement between plaintiff and JLM, ordering plaintiff not to compete…

Justia Opinion Summary: Plaintiff filed suit against a detective with the Nassau County Police Department for false arrest under 42 U.S.C. 1983 and New York state law. Plaintiff also filed suit against Nassau County under the theory of…

Justia Opinion Summary: Plaintiffs, former IBM employees who entered into severance agreements in which they agreed not to join any collective actions against IBM, filed suit challenging the validity of those collective-action waivers, alleging…

Justia Opinion Summary: The Second Circuit vacated the district court's dismissal of plaintiff's amended complaint against McKinsey and others under the Racketeer Influenced and Corrupt Organizations Act (RICO). The complaint alleged that…

Justia Opinion Summary: The Second Circuit reversed the district court's dismissal of plaintiff's claims under the Real Estate Settlement Procedures Act (RESPA), alleging that Ocwen's failure to record her mortgage instruments and its actions…

Justia Opinion Summary: The Second Circuit concluded that an unsolicited faxed invitation to participate in a market research survey in exchange for money does not constitute an "unsolicited advertisement" under the Telephone Consumer…

Justia Opinion Summary: Colgan, a teacher at a special education high school, attempted to break up a fight between students but either fell or was pushed into a wall, leading to serious injuries. Colgan’s injuries and symptoms persisted…