2013 Second Circuit U.S. Court of Appeals Case Law

Osterweil v. Bartlett
Date: December 23, 2013
Docket Number: 11-2420
Frommert v. Conkright  
Date: December 23, 2013
Docket Number: 12-67

Justia Opinion Summary: Plaintiffs filed suit under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq., against Xerox, the Plan, and the Plan Administrator. The Supreme Court reversed the court's most recent dec...

United States v. Doe  
Date: December 20, 2013
Docket Number: 12-2855

Justia Opinion Summary: Defendant appealed from his sentence of 72 months' imprisonment for participation in a conspiracy to violate the federal narcotics laws and for participating in a money-laundering conspiracy. The court held that the dist...

Hogan v. Fischer  
Date: December 20, 2013
Docket Number: 12-4246

Justia Opinion Summary: Plaintiff, a prison inmate, filed suit alleging that three masked correction officers (COs) sprayed him while he was in his cell with an unknown substance, apparently a mixture of fecal matter, vinegar, and machine oil....

In Re: Terrorist Attacks on September 11, 2001  
Date: December 19, 2013
Docket Number: 12-1318

Justia Opinion Summary: Plaintiffs appealed from the district court's order denying their Rule 60(b) motion to reopen the district court's judgment dismissing sovereign defendants under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 133...

In Re: Grand Jury Subpoena dated February 2, 2012  
Date: December 19, 2013
Docket Number: 13-403

Justia Opinion Summary: John Doe appealed from a contempt order and an order compelling him to comply with a grand jury subpoena for financial records that the Bank Secrecy Act, 31 C.F.R. 1010.420, required him to maintain. The district court h...

Y.C. v. Holder, X.W. Holder  
Date: December 18, 2013
Docket Number: 11-2749

Justia Opinion Summary: Petitioners sought review of the BIA's order affirming the IJ's decision denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Both petitioners premised the...

Bloom v. Federal Deposit Ins. Corp.  
Date: December 18, 2013
Docket Number: 11-5304

Justia Opinion Summary: Appellant appealed from the district court's order decertifying a class of plaintiffs who asserted claims against the FDIC and denying plaintiffs' motion to permit appellant, who was not a named party to the action befor...

Cruz v. TD Bank, N.A., Martinez v. Capital One Bank, N.A.
Date: December 18, 2013
Docket Number: 12-1200
Kwan v. The Andalex Group LLC  
Date: December 16, 2013
Docket Number: 12-2493

Justia Opinion Summary: Plaintiff filed suit against her former employer, Andalex, alleging claims of discrimination, retaliation, and hostile work environment under federal and state law, as well as claims that Andalex failed to notify her of...

Piotrowski v. Holder
Date: December 16, 2013
Docket Number: 13-114
United States v. Aguiar  
Date: December 13, 2013
Docket Number: 11-5262

Justia Opinion Summary: Defendants appealed their convictions stemming from their involvement in a conspiracy to distribute cocaine and heroin. Defendants sought to suppress the evidence gathered with the aid of GPS data, arguing that the place...

In re: Katherine Elizabeth Bar  
Date: December 11, 2013
Docket Number: 13-612

Justia Opinion Summary: Drawbridge appealed from the bankruptcy court's order granting recognition of a foreign main proceeding. 11 U.S.C. 109(a) provides: "Notwithstanding any other provision of this section, only a person that resides or has...

Pierre v. Holder  
Date: December 10, 2013
Docket Number: 10-2131

Justia Opinion Summary: Petitioner, a citizen of Haiti, sought review of the BIA's order affirming the IJ's decision and rejecting his claim to automatic derivative citizenship under former 8 U.S.C. 1432(a). The BIA found petitioner removable o...

Guippone v. BH S&B Holdings LLC  
Date: December 10, 2013
Docket Number: 12-183

Justia Opinion Summary: Plaintiff, individually and on behalf of others similarly situated, filed a putative class action claim against defendants for violations of the Worker Adjustment Retraining and Notification Act (WARN), 29 U.S.C. 2102(a)...

United States v. Coston  
Date: December 10, 2013
Docket Number: 12-4622

Justia Opinion Summary: Defendant pleaded guilty to one count of fraudulently using access devices to obtain items valued at $1,000 or more. Defendant appealed his sentence of 27 months' imprisonment. The court concluded that defendant knowingl...

Entergy Nuclear v. Shumlin  
Date: December 10, 2013
Docket Number: 12-4659

Justia Opinion Summary: Entergy filed suit against Vermont seeking a declaratory judgment that Vermont's Electrical Energy Generating Tax was unconstitutional. On appeal, Entergy challenged the district court's grant of Vermont's motion to dism...

Perez v. AC Roosevelt Food Corp.
Date: December 10, 2013
Docket Number: 13-497
Indradjaja v. Holder  
Date: December 9, 2013
Docket Number: 12-1336

Justia Opinion Summary: Petitioner, a citizen and native of Indonesia, sought review of the BIA's denial of her motion to reopen proceedings in her immigration case. Petitioner applied for asylum, withholding of removal, and protection under th...

Karmely v. Wertheimer  
Date: December 9, 2013
Docket Number: 12-3781

Justia Opinion Summary: Plaintiffs filed suit against defendants seeking monetary damages for breach of loan documents; tortious interference with contract; breach of an operating agreement; account stated; breach of fiduciary duty; and promiss...

United States v. Grimm  
Date: December 9, 2013
Docket Number: 12-4310

Justia Opinion Summary: Defendants, three GE employees, were convicted of offenses related to their involvement in a scheme to fix below-market rates on interest paid by GE to municipalities. The court reversed the convictions and remanded to t...

American Petroleum and Transport v. City of New York  
Date: December 6, 2013
Docket Number: 12-4505

Justia Opinion Summary: American, a corporation in the business of transporting petroleum products by water, filed suit against the City for common law negligence and for violation of 33 U.S.C. 494, which required that a drawbridge over navigab...

United States v. Punn  
Date: December 6, 2013
Docket Number: 13-2780

Justia Opinion Summary: Defendant, a licensed medical doctor, was indicted on seven counts of sexual exploitation of children and twenty-nine counts of health care fraud. On appeal, defendant challenged the district court's denial of his motion...

United States v. Taylor  
Date: December 4, 2013
Docket Number: 11-2201

Justia Opinion Summary: Defendants appealed their convictions related to their involvement in the robbery of a pharmacy. Defendant Taylor argued that he was incapacitated when he incriminated himself post-arrest and the admission of his stateme...

Aegis Insurance Services, Inc. v. 7 World Trade Center Co.  
Date: December 4, 2013
Docket Number: 11-4403

Justia Opinion Summary: 7WTC stood on the northern edge of the World Trade Center site and as the North Tower collapsed on September 11, 2001, it damaged 7WTC. After burning for seven hours, 7WTC collapsed, destroying the electrical substation...

United States v. Canori  
Date: December 4, 2013
Docket Number: 12-4837

Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to conspiracy to distribute and to possess with intent to distribute 100 kilograms of marijuana. At issue was whether the October 2009 memorandum issued by the Depart...

Bank v. Independence Energy Group LLC  
Date: December 3, 2013
Docket Number: 13-1746

Justia Opinion Summary: Plaintiff appealed the district court's dismissal sua sponte of his class actin complaint brought under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, for lack of subject matter jurisdiction, based on appli...

United States v. Cody (Murray)  
Date: November 27, 2013
Docket Number: 11-351

Justia Opinion Summary: Defendant appealed his conviction for cultivating marijuana plants. The court vacated the judgment and remanded for a new trial, agreeing with defendant that the district court denied him the right to present a meaningfu...

SEC v. Razmilovic
Date: November 26, 2013
Docket Number: 12-357
Hernandez v. Holder  
Date: November 25, 2013
Docket Number: 10-4100

Justia Opinion Summary: Petitioner, a native of the Dominican Republic, petitioned for review of the BIA's dismissal of his appeal from an IJ's decision denying cancellation of removal and the BIA's decision not to reopen his case. The IJ concl...

Ligon; Floyd v. City of New York
Date: November 22, 2013
Docket Number: 13-3123
Cabala v. Crowley  
Date: November 19, 2013
Docket Number: 12-3757

Justia Opinion Summary: Plaintiff filed suit against defendant, an attorney, for an alleged violation of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692. At issue on appeal was whether a defendant remained liable for plaintiff's...

Lynch v. City of New York  
Date: November 15, 2013
Docket Number: 12-3089

Justia Opinion Summary: Plaintiffs appealed from the district court's grant of summary judgment in favor of the NYPD on plaintiffs' Fourth Amendment challenge to NYPD Interim Order 52 (IO-52). IO-52 requires the administration of a breathalyzer...

Starbucks Corp. v. Wolfe's Borough Coffee, Inc.  
Date: November 15, 2013
Docket Number: 12-364

Justia Opinion Summary: Starbucks filed suit against Black Bear claiming, among other things, trademark dilution in violation of the Federal Trademark Dilution Act (FTDA), 15 U.S.C. 1125(c), 1127. The district court denied Starbucks request for...

In Re: Thelen LLP  
Date: November 15, 2013
Docket Number: 12-4138

Justia Opinion Summary: This case arose when partners of the law firm Thelen LLP, a registered limited liability partnership governed by California law, voted to dissolve the firm. At issue was whether, for purposes of administering the firm's...

United States v. Christie  
Date: November 15, 2013
Docket Number: 13-245

Justia Opinion Summary: Defendant, convicted of drug and firearms offenses, appealed from the district court's denial of his motion for a new sentence reduction under 18 U.S.C. 3582(c)(2). The court vacated and remanded, concluding that the dis...

Diebold Foundation, Inc. v. Commissioner of Internal Revenue  
Date: November 14, 2013
Docket Number: 12-3225

Justia Opinion Summary: This case involved shareholders who owned stock in a C Corporation, which in turn held appreciated property. Commissioner appealed the district court's holding that Diebold could not be held liable as a transferee of a t...

Vincent v. The Money Store  
Date: November 13, 2013
Docket Number: 11-4525

Justia Opinion Summary: Plaintiffs appealed from the district court's grant of defendants' motion for summary judgment on plaintiffs' Truth in Lending Act (TILA), 15 U.S.C. 1601 et seq., claims and denial of plaintiffs' motion for reconsiderati...

CILP Assocs., L.P. v. PriceWaterhouse Coopers LLP  
Date: November 8, 2013
Docket Number: 11-4904

Justia Opinion Summary: This appeal stemmed from the collapse of the hedge fund Lipper Convertibles. On appeal, plaintiffs challenged the district court's grant of summary judgment on their federal claims against Lipper Convertibles' auditor, P...

United States v. Murdock  
Date: November 8, 2013
Docket Number: 13-3236

Justia Opinion Summary: Defendant appealed pro se from the district court's order denying his motion for a modification of the conditions of his supervised release to require that supervised release be served in the Eastern District of Michigan...

United States v. Freeman  
Date: November 7, 2013
Docket Number: 12-2233

Justia Opinion Summary: Defendant appealed his conviction for possession of a firearm after a felony conviction. The district court denied defendant's motion to suppress the firearm discovered by the police. Defendant argued that he was stopped...

Perez v. AC Roosevelt Food Corp.  
Date: November 6, 2013
Docket Number: 13-497

Justia Opinion Summary: Plaintiff filed suit against defendants for overtime wages. The parties eventually agreed to a settlement. The district court approved the settlement and granted plaintiff's motion for attorneys' fees. Defendants subsequ...

United States v. Redd (Shue)  
Date: November 5, 2013
Docket Number: 13-2971

Justia Opinion Summary: Defendant was convicted of cocaine offenses and related gun possession. Defendant, pro se, moved to recall the court's mandates related to his conviction, and to reinstate his direct appeal in order to seek relief under...

United States v. Bethea  
Date: October 31, 2013
Docket Number: 12-961

Justia Opinion Summary: Defendant pled guilty to cocaine distribution. On appeal, defendant challenged the district court's denial of a motion for sentencing modification. At issue was what procedure a district court should follow under 18 U.S....

Martin v. U.S. S.E.C.  
Date: October 30, 2013
Docket Number: 11-3011

Justia Opinion Summary: The SEC settled an enforcement action against firms that executed trading orders on the New York Stock Exchange and placed the money obtained as a result of the enforcement actions into funds for distribution to injured...

Carrion v. Agfa Construction, Inc.
Date: October 30, 2013
Docket Number: 11-5098
Fair Labor Practices Assocs. v. Quest Diagnostics, Inc.  
Date: October 25, 2013
Docket Number: 11-1565

Justia Opinion Summary: Plaintiff appealed the district court's dismissal of this qui tam action and disqualifying plaintiff, its individual members - including a former general counsel to defendant - and its outside counsel from bringing a sub...

United States v. Ghailani  
Date: October 24, 2013
Docket Number: 11-320

Justia Opinion Summary: Defendant appealed his conviction for conspiring to bomb the United States embassies in Nairobi, Kenya and Dar es Salaam, Tanzania. At issue was whether the Speedy Trial Clause of the Sixth Amendment prevented the United...

New York Progress and Protection PAC v. Walsh, et al.  
Date: October 24, 2013
Docket Number: 13-3889

Justia Opinion Summary: NYPPP filed suit against election officials and others to enjoin enforcement of New York State Election Law 14-114(8) and 14-126(2). Section 14-114(8) imposed a $150,000 aggregate annual limit on certain political contri...

United States v. Jiau  
Date: October 23, 2013
Docket Number: 11-4167

Justia Opinion Summary: Defendant appealed her conviction of conspiracy to commit securities fraud and wire fraud, as well as insider trading. Defendant's scheme was to obtain from her tippers earnings data of their employer companies and conve...

Licci ex rel. Licci v. Lebanese Canadian Bank, SAL
Date: October 18, 2013
Docket Number: 10-1306
Dorsett v. County of Nassau  
Date: October 18, 2013
Docket Number: 13-651

Justia Opinion Summary: Plaintiff, acting as administratrix of her daughter's estate, filed a complaint against the County and others, seeking damages for the daughter's death. The parties subsequently negotiated a settlement. In this separate...

Doe v. Whelan  
Date: October 17, 2013
Docket Number: 12-4137

Justia Opinion Summary: Plaintiff, on behalf of herself and her three children, filed suit under 42 U.S.C. 1983 against defendants, alleging that the removal of the children from plaintiff's home without a court order violated their rights to d...

Shunaula v. Holder  
Date: October 16, 2013
Docket Number: 12-123

Justia Opinion Summary: Petitioner, his wife, and son, petitioned for review of the BIA's order affirming the IJ's denial of their application for adjustment of status and order of removal to Ecuador. Petitioner claimed that the BIA erred in fi...

State of New York v. Next Millenium Realty
Date: October 16, 2013
Docket Number: 12-2894
United States v. Brooks  
Date: October 16, 2013
Docket Number: 12-4261

Justia Opinion Summary: Defendant pled guilty to possessing with intent to distribute 50 grams or more of crack cocaine. On appeal, defendant challenged the district court's imposition of a Guidelines sentence of 300 months' imprisonment. The d...

United States v. Davis (Johnson)  
Date: October 15, 2013
Docket Number: 12-2313

Justia Opinion Summary: Defendant pleaded guilty to conspiracy to distribute and possess with intent to distribute 50 grams or more of a substance containing cocaine base. On appeal, defendant challenged his sentence under 18 U.S.C. 3582(c)(2)....

State of New York v. Next Millennium Realty  
Date: October 15, 2013
Docket Number: 12-2894

Justia Opinion Summary: The State filed suit against defendants under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. 9601 et seq. The State sought to recover costs incurred in investigating...

Kreisberg ex rel. NLRB v. Healthbridge Mgmt.  
Date: October 15, 2013
Docket Number: 12-4890

Justia Opinion Summary: HealthBridge appealed from an order of the district court granting a petition brought by the NLRB under Section 10(j) of the National Labor Relations Act (NLRA), 29 U.S.C. 160(j), seeking to enjoin temporarily alleged un...

United States v. Peter  
Date: October 9, 2013
Docket Number: 11-610

Justia Opinion Summary: Defendant was convicted of charges related to his involvement in a scheme to defraud Chase Bank. At issue in this appeal was the district court's order of forfeiture under 18 U.S.C. 982(a)(2). The court concluded that s...

Muhammad v. Wal-Mart Stores East, L.P.  
Date: October 9, 2013
Docket Number: 12-4773

Justia Opinion Summary: This case arose when plaintiff filed an employment discrimination suit against his employer, Wal-mart. Plaintiff's attorney represented to the court that plaintiff had pled a gender discrimination claim when he had not....

In re DeMarco
Date: October 4, 2013
Docket Number: 09-90045
United States v. McLaurin  
Date: October 3, 2013
Docket Number: 12-3514

Justia Opinion Summary: Appellant, a convicted sex offender, appealed a condition of supervised release which required him to participate in an approved program of sex offender evaluation and treatment, which could include plethysmograph examin...

United States v. Vilar
Date: October 1, 2013
Docket Number: 10-521
Charron v. Wiener  
Date: September 30, 2013
Docket Number: 12-2834

Justia Opinion Summary: Plaintiffs filed suit alleging that defendants had engaged in a conspiracy to fraudulently increase rents payable by tenants in over 400 buildings they owned in New York City, in violation of the Racketeer Influenced and...

United States v. Bout  
Date: September 27, 2013
Docket Number: 12-1487

Justia Opinion Summary: Defendant, a reputed international arms trafficker was convicted of conspiracy to kill United States nationals; conspiracy to kill United States officers and employees; conspiracy to acquire and export a missile system d...

Carver v. Nassau County
Date: September 27, 2013
Docket Number: 13-801
United States v. Reingold  
Date: September 26, 2013
Docket Number: 11-2826

Justia Opinion Summary: Defendant pleaded guilty to one count of distributing child pornography. On appeal, the United States appealed from that part of the judgment sentencing defendant to 30 months' incarceration. The court concluded that the...

United States v. Pellegrino  
Date: September 25, 2013
Docket Number: 12-2210

Justia Opinion Summary: Claimant appealed the district court's grant of summary judgment for the government in a civil forfeiture proceeding. Although several claims of error asserted by claimant were without merit, the court acted nostra spont...

Kreisler v. Second Avenue Diner Corp.  
Date: September 25, 2013
Docket Number: 12-4093

Justia Opinion Summary: Plaintiff filed suit under the Americans with Disabilities Act (ADA), 42 U.S.C. 12181 et seq., alleging that his neighborhood diner violated the ADA by having a wheelchair inaccessible entrance and other barriers that ma...

Lederman v. N.Y.C. Dep't of Parks & Recreation  
Date: September 25, 2013
Docket Number: 12-4333

Justia Opinion Summary: Plaintiffs, visual artists who sell their works on sidewalks and in public parks, filed suit against the City challenging the 2010 revisions to vending regulations. The court affirmed the district court's holding that th...

Cardoza v. Rock  
Date: September 24, 2013
Docket Number: 12-700

Justia Opinion Summary: Respondents appealed the district court's grant of habeas relief to petitioner, convicted of drug conspiracy and possession charges, because petitioner's attorneys had failed to discuss with him a critical plea option th...

United States v. Williams  
Date: September 23, 2013
Docket Number: 11-4826

Justia Opinion Summary: Defendant appealed a conviction of illegally reentering the United States following deportation in violation of 8 U.S.C. 1326(a)(2) and (b)(2). The court concluded that defendant's statute of limitations defense failed w...

In re Amaranth Nat. Gas Commodities Litig.  
Date: September 23, 2013
Docket Number: 12-2075

Justia Opinion Summary: Plaintiffs filed suit alleging that Amaranth, a hedge fund, had manipulated the price of natural gas futures in violation of the Commodities Exchange Act (CEA), 7 U.S.C. 1 et seq. Plaintiffs also alleged that J.P. Morgan...

Newsday v. County of Nassau  
Date: September 23, 2013
Docket Number: 12-2731

Justia Opinion Summary: Press intervenors appealed the district court's decision denying them access to court proceedings and a sealed internal police document (Report) and continuing to redact parts of hearing transcripts. The court concluded...

Anani v. CVS  
Date: September 20, 2013
Docket Number: 11-2359

Justia Opinion Summary: Plaintiff, employed as a pharmacist for CVS, filed suit against CVS seeking additional compensation. During the relevant time period, plaintiff's base salary was based on a forty-four hour work week and that base weekly...

Carver v. Nassau County Interim Finance  
Date: September 20, 2013
Docket Number: 13-801

Justia Opinion Summary: Plaintiffs filed suit to contest a wage freeze imposed in 2011 on Nassau County employees by the Nassau Interim Finance Authority (NIFA). The police unions contended that the wage freeze was imposed in violation of the C...

Velez v. City of New York  
Date: September 18, 2013
Docket Number: 12-1965

Justia Opinion Summary: Plaintiff, representative of the estate of her deceased son, filed suit against the City of New York, police officers, and others, alleging that they were liable for her son's death. A jury found in favor of defendants....

Gold v. New York Life Ins. Co.  
Date: September 18, 2013
Docket Number: 12-2344

Justia Opinion Summary: Plaintiff filed suit against his former employer, New York Life, both individually and on behalf of a putative class of insurance agents. Plaintiff alleged state law claims seeking unpaid overtime wages and recovery of i...

United States v. Stringer  
Date: September 17, 2013
Docket Number: 12-608

Justia Opinion Summary: Defendant appealed his conviction on both counts of a superseding indictment where a jury found him guilty of bank fraud and unlawful use of another person's means of identification in relation to the bank fraud. Defenda...

Jose Pretzantzin, et al. v. Holder
Date: September 16, 2013
Docket Number: 11-2867
Trezziova v. Kohn  
Date: September 16, 2013
Docket Number: 12-156

Justia Opinion Summary: Plaintiffs alleged that various foreign investment vehicles secretly funneled investors' assets to Madoff Securities. The district court granted defendants' motion to dismiss plaintiffs' claims against JPMorgan and BNY o...

In re: AMR Corp.  
Date: September 12, 2013
Docket Number: 13-1204

Justia Opinion Summary: U.S. Bank appealed the bankruptcy court's order authorizing AMR and American (collectively, "Debtors") to obtain postpetition financing; authorizing Debtors to repay certain prepetition notes held by U.S. Bank and secure...

Izzarelli v. R.J. Reynolds Tobacco Co.  
Date: September 10, 2013
Docket Number: 11-3865

Justia Opinion Summary: Plaintiff filed suit against R.J. Reynolds under the Connecticut Products Liability Act (CPLA), Conn. Gen. Stat. Ann. 52-572m et seq., for strict liability and negligence. Plaintiff claimed that the cigarettes she smoked...

Washington v. Gonyea  
Date: September 10, 2013
Docket Number: 11-980

Justia Opinion Summary: Plaintiff filed suit against New York state prison officials alleging that they substantially burdened his First Amendment right to free exercise of religion in violation of the Religious Land Use and Institutionalized P...

Scarangella & Sons v. Group Health, Inc.  
Date: September 10, 2013
Docket Number: 12-2750

Justia Opinion Summary: Village Fuel appealed the district court's denial of attorney's fees in an Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., action. The court concluded that Village Fuel obtained some degree of su...

United States v. Simard  
Date: September 10, 2013
Docket Number: 12-3968

Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to possessing child pornography. The court concluded, under its recent decisions in United States v. Barker, that the district court should have applied the categoric...

United States v. Getto  
Date: September 9, 2013
Docket Number: 11-1237

Justia Opinion Summary: Defendant's conviction stemmed from his involvement in a conspiracy that had defrauded American victims through a lottery telemarketing scheme operated out of three so-called "boiler rooms" at different locations in Isra...

United States v. Lundquist  
Date: September 9, 2013
Docket Number: 11-5379

Justia Opinion Summary: Defendant was convicted of receiving and possessing child pornography. At issue on appeal was whether defendant could be ordered to make restitution to one of the victims and, if so, in what amount. The court concluded t...

AmBase Corp. v. United States  
Date: September 9, 2013
Docket Number: 12-3563

Justia Opinion Summary: AmBase purchased Carteret, a federally chartered stock savings bank or thrift, and then filed consolidated income tax returns with Carteret. The dispute in this appeal related to AmBase's 1992 consolidated federal income...

Troma Entertainment v. Robbins  
Date: September 6, 2013
Docket Number: 12-1883

Justia Opinion Summary: Troma, producer and distributor of "controlled budget motion pictures," filed suit against defendants alleging copyright infringement under federal law and state law claims of common law fraud and tortious interference w...

Northeast Research, LLC v. One Shipwrecked Vessel  
Date: September 5, 2013
Docket Number: 11-1644

Justia Opinion Summary: Plaintiff filed an in rem action in federal court laying claim to the intact shipwreck of an early nineteenth century wooden schooner at the bottom of Lake Erie under admiralty law as the finder and salvor of the sunken...

Cichocki v. Astrue  
Date: September 5, 2013
Docket Number: 12-3343

Justia Opinion Summary: Plaintiff appealed the denial of disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. 401 et seq. The court concluded that the failure explicitly to engage in a function-by-function assessme...

United States v. Haynes  
Date: September 5, 2013
Docket Number: 12-626

Justia Opinion Summary: Defendant appealed her convictions stemming from her arrest at the border of the United States and Canada where 70,000 pills containing methamphetamine were found in the gas tank of the rental car she was driving. Defend...

Time Warner Cable Inc. v. FCC  
Date: September 4, 2013
Docket Number: 11-4138

Justia Opinion Summary: Time Warner petitioned for review of the FCC's 2011 order promulgated under section 616(a)(3) and (5) of the Communications Act of 1934 (Communications Act), as amended by the Cable Television Consumer Protection and Com...

United States v. Robbins  
Date: September 3, 2013
Docket Number: 12-3148

Justia Opinion Summary: Defendant pled guilty to violating 18 U.S.C. 2250(a), which makes it a crime for someone who was required to register under the Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. 16913, to travel in inters...

United States v. Vilar, et al.
Date: August 30, 2013
Docket Number: 10-521
In Re: US Foodservice Inc. Pricing Litig.  
Date: August 30, 2013
Docket Number: 12-1311

Justia Opinion Summary: Plaintiffs alleged that USF engaged in a fraudulent scheme by which it artificially inflated the cost component of its cost-plus billing and then disguised the proceeds of its own inflated billing through the use of purp...

Kolel Beth Yechiel Mechil v. YLL et al.  
Date: August 30, 2013
Docket Number: 12-3247

Justia Opinion Summary: The parties disputed ownership of life insurance policies and, according to their contract, submitted the dispute to a rabbinical arbitration panel. The arbitration panel appointed by the parties entered an award mandati...

Quaker Hills, LLC v. Pacific Indemnity Co.  
Date: August 29, 2013
Docket Number: 11-3670

Justia Opinion Summary: Pacific issued a fire insurance policy to plaintiff on a home that was destroyed by fire during the policy period. On appeal, Pacific challenged the district court's grant of summary judgment to plaintiff on its claim fo...

United States v. Gushlak  
Date: August 29, 2013
Docket Number: 12-1919

Justia Opinion Summary: Defendant challenged the restitution order entered against him under the Mandatory Victims Restitution Act of 1996, 18 U.S.C. 3663A. The order awarded over $17 million to victims for losses stemming from defendant's role...

Gonzalez v. City of Schenectady  
Date: August 28, 2013
Docket Number: 11-5403

Justia Opinion Summary: Plaintiff filed suit against the City and its officers under 42 U.S.C. 1983, alleging arrest without probable cause and conduct of a visual body cavity search in violation of the Fourth Amendment. The court concluded tha...

United States v. Manne  
Date: August 27, 2013
Docket Number: 12-3079

Justia Opinion Summary: This case arose when appellant settled an environmental enforcement action brought against him by the United States through a consent decree providing, inter alia, that defendant would pay the government an amount equal...

Gerstenbluth v. Credit Suisse, et al.  
Date: August 27, 2013
Docket Number: 12-4125

Justia Opinion Summary: Plaintiff filed suit to recover withheld Federal Insurance Contributions Act (FICA), 26 U.S.C. 3101, taxes from Credit Suisse and the IRS, to which Credit Suisse had forwarded the withheld taxes. Plaintiff had filed a co...

United States v. Okatan  
Date: August 26, 2013
Docket Number: 12-1563

Justia Opinion Summary: Defendant was convicted of three counts relating to illegally bringing an alien into the United States. At issue on appeal was the government's use of evidence that defendant asked to speak to a lawyer when a border patr...

United States v. Tarbell  
Date: August 26, 2013
Docket Number: 12-3055

Justia Opinion Summary: Defendant pleaded guilty to charges related to his role in a drug conspiracy. At issue on appeal was whether a plea was "voluntary," under Federal Rule of Criminal Procedure 11(b)(2), even though the district court did n...

United States v. Cromitie (Williams)  
Date: August 23, 2013
Docket Number: 11-2763

Justia Opinion Summary: Four defendants appealed their convictions for planning and attempting to carry out domestic terrorism offenses involving a plot to launch missiles at an Air National Guard base at Stewart Airport in Newburgh, New York a...

NML Capital, Ltd. v. Republic of Argentina
Date: August 23, 2013
Docket Number: 12-105
Askins v. City of New York et al.  
Date: August 23, 2013
Docket Number: 12-877

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against the City of New York and police officers, asserting claims of constitutional torts involving arrest without probable cause and malicious prosecution. In regards to the ti...

Balintulo v. Daimler AG  
Date: August 21, 2013
Docket Number: 09-2778

Justia Opinion Summary: Plaintiffs filed putative class-action suits over ten years ago under the Alien Tort Statute (ATS), 28 U.S.C. 1350, on behalf of those harmed by the South African legal regime known as "apartheid." Plaintiffs asserted th...

United States v. Stokes  
Date: August 20, 2013
Docket Number: 12-2843

Justia Opinion Summary: Defendant was convicted of possession of firearms by a convicted felon and possession of a machinegun by any person. On appeal, defendant challenged the district court's denial of his motion to suppress the firearms, wh...

Unclaimed Property Recovery Service, Inc. v. Kaplan  
Date: August 20, 2013
Docket Number: 12-4030

Justia Opinion Summary: Plaintiffs, UPRS and Bernard Gelb, authorized the clients of defendant to file a legal complaint and exhibits that were written and compiled by Gelb and in which UPRS and Gelb claimed copyright. Plaintiffs contend that d...

In Re: Barclays Bank PLC Security  
Date: August 19, 2013
Docket Number: 11-2665

Justia Opinion Summary: Lead Plaintiffs filed suit under sections 11, 12(a)(2), and 15 of the Securities Act of 1933, 15 U.S.C. 77k(a), 77(a)(2), and 77o, alleging that defendants made material misstatements and omissions in the offering of mat...

Blue Ridge Investments, L.L.C. v. Republic of Argentina  
Date: August 19, 2013
Docket Number: 12-4139

Justia Opinion Summary: This appeal arose from an order of the district court denying Argentina's motion to dismiss a petition to confirm an arbitration award filed by Blue Ridge on foreign immunity grounds. The court held that it had jurisdict...

Simon v. City of New York, et al.  
Date: August 16, 2013
Docket Number: 11-5386

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 after her arrest and detention pursuant to a material witness warrant. On appeal, plaintiff challenged the district court's denial of her motion for reconsideration as to the ind...

Dongguk University v. Yale University  
Date: August 15, 2013
Docket Number: 12-2698

Justia Opinion Summary: Dongguk, a prominent Korean university, filed suit against Yale claiming that Yale acted negligently and engaged in reckless and wanton conduct when responding to an inquiry about whether Jeong ah Shin had received a Ph....

United States v. Davis  
Date: August 14, 2013
Docket Number: 11-2325

Justia Opinion Summary: Defendant appealed his conviction for committing an assault resulting in serious bodily injury. The court agreed with defendant that the government failed to present sufficient evidence to prove that the Metropolitan Det...

Entergy Nuclear Vermont Yankee v. Shumlin  
Date: August 14, 2013
Docket Number: 12-707

Justia Opinion Summary: Entergy, owner and operator of the Vermont Yankee Nuclear Power Station, filed suit against Vermont, raising claims challenging Vermont statutes governing Vermont Yankee (Acts 74, 160, and 189) and other claims related t...

Hallock v. Koubek  
Date: August 13, 2013
Docket Number: 12-2905

Justia Opinion Summary: Michael Koubek appealed from the district court's refusal to dismiss the contribution claims of third-party plaintiffs, the Hallocks, after Koubek's wife, who was driving Koubek's car from a business meeting, collided wi...

United States v. Lynch
Date: August 13, 2013
Docket Number: 12-4222
Abuzaid, et al. v. Woodward  
Date: August 12, 2013
Docket Number: 10-1210

Justia Opinion Summary: This case arose when the Department imposed penalties on plaintiffs for their violation of a New York law that taxes the sale of cigarettes and provides for the issuance of tax stamps evidencing payment of the required t...

Nwozuzu v. Holder  
Date: August 12, 2013
Docket Number: 11-5089

Justia Opinion Summary: Petitioner, who was born in Nigeria and came to the United States when he was four years old, petitioned for review of the BIA's dismissal of an appeal of an IJ's decision denying his motion to terminate his removal proc...

United States v. Vargas-Cordon  
Date: August 12, 2013
Docket Number: 11-5165

Justia Opinion Summary: Defendant appealed his conviction for transporting a minor for illegal sexual purposes, transporting an unlawfully present alien, and harboring an unlawfully present alien. The court concluded that there was sufficient e...

United States v. Moran-Toala  
Date: August 12, 2013
Docket Number: 12-2010

Justia Opinion Summary: Defendant was convicted of conspiracy to exceed authorized access to a government computer in furtherance of a narcotics conspiracy. On appeal, defendant principally challenged the supplemental instruction regarding the...

United States v. Brunner  
Date: August 9, 2013
Docket Number: 11-2115

Justia Opinion Summary: Defendant appealed his conviction for knowingly failing to register and update his sex offender registration under the Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. 16911 et seq. Defendant's principal...

United States v. Edelman  
Date: August 9, 2013
Docket Number: 12-2166

Justia Opinion Summary: Defendant appealed his conviction for three counts of possession with intent to distribute and one count of escape. On appeal, defendant argued that the district court erred in holding that his residence in a halfway hou...

Ramos v. Racette  
Date: August 9, 2013
Docket Number: 12-256

Justia Opinion Summary: Petitioner, convicted of first-degree rape, first-degree sodomy, and second-degree burglary, appealed the district court's denial of his petition for a writ of habeas corpus. After petitioner was charged, petitioner elec...

Sutherland v. Ernst & Young LLP  
Date: August 9, 2013
Docket Number: 12-304

Justia Opinion Summary: E&Y appealed from the district court's order denying its motion to dismiss or stay proceedings, and to compel arbitration, in a putative class action brought by its former employees. At issue on appeal was whether an emp...

Giovanniello v. ALM Media, LLC
Date: August 8, 2013
Docket Number: 10-3854
United States v. Rodriguez  
Date: August 8, 2013
Docket Number: 11-2242

Justia Opinion Summary: Defendant appealed his sentence and conviction for possessing with intent to distribute 500 grams or more of cocaine. The court concluded that defendant failed to show that any error affected his substantial rights becau...

Marvel Characters, Inc. v. Kirby  
Date: August 8, 2013
Docket Number: 11-3333

Justia Opinion Summary: Defendants, the children of the late Jack Kirby, one of the most influential comic book artists of all time, appealed the district court's grant of summary judgment to Marvel. This case concerned the property rights in 2...

Hoffler v. Bezio  
Date: August 8, 2013
Docket Number: 11-5281

Justia Opinion Summary: Petitioner was found guilty of murder but his conviction was reversed on direct appeal and remanded for a new trial because of a mistake in swearing the venire panel from which the trial was selected. Petitioner appealed...

SEC v. Pentagon Capital Management  
Date: August 8, 2013
Docket Number: 12-1680

Justia Opinion Summary: After defendants were found liable for securities fraud stemming from their practice of late trading in the mutual fund market, the district court ordered disgorgement and imposed a civil penalty. The court affirmed the...

Fahs Construction Group, Inc. v. Gray  
Date: August 8, 2013
Docket Number: 13-27

Justia Opinion Summary: Fahs, a general contractor, filed suit against defendant, a construction supervisor with DOT, alleging First Amendment and Equal Protection claims. On appeal, Fahs challenged the district court dismissal of its claims. T...

United States v. DiCristina  
Date: August 6, 2013
Docket Number: 12-3720

Justia Opinion Summary: The United States appealed from the district court's entry of a post-verdict judgment of acquittal in favor of defendant, setting aside the guilty verdict on conspiring and violating the Illegal Gambling Business Act (IG...

Fed. Treasury Enter. v. SPI Spirits Ltd.  
Date: August 5, 2013
Docket Number: 11-4109

Justia Opinion Summary: Plaintiffs filed suit under the Lanham Act, 15 U.S.C. 1051 et seq., against defendants, alleging trademark infringement based on a theory that defendants misappropriated and have unauthorized commercial use in the United...

Dejesus v. HF Management Services, LLC  
Date: August 5, 2013
Docket Number: 12-4565

Justia Opinion Summary: Plaintiff filed suit against her employer, Healthfirst, alleging that it failed to pay her overtime wages under the Fair Labor Standards Act (FLSA), 29 U.S.C. 207(a)(1), and New York Labor Law. The district court granted...

United States v. Bryant (Hardy)  
Date: August 2, 2013
Docket Number: 12-2951

Justia Opinion Summary: Defendant, found incompetent to stand trial, is being detained at a hospital facility operated by the BOP pending trial on charges of, inter alia, drug trafficking, racketeering, and murder. On appeal, defendant challeng...

United States v. Agrawal  
Date: August 1, 2013
Docket Number: 11-1074

Justia Opinion Summary: Defendant was convicted under the Economic Espionage Act (EEA), 18 U.S.C. 1832, and the National Stolen Property Act (NSPA), 18 U.S.C. 2314, after he replicated his former employer's (the Bank) confidential computer code...

New York Life Ins. Co. v. United States  
Date: August 1, 2013
Docket Number: 11-2394

Justia Opinion Summary: New York Life challenged the IRS's determination that the company could not deduct policyholder dividend amounts until the tax year of payment. The court concluded that, with respect to the two claimed deductions, "all e...

Franklin Advisers, Inc. v. CDO Plus Master Fund, Ltd.  
Date: August 1, 2013
Docket Number: 12-168

Justia Opinion Summary: BNY, as Trustee of an investment portfolio of collateralized loan obligations, initiated an interpleader action to resolve a contract dispute between certain shareholders and the manager of that portfolio, Franklin. At...

United States v. Bernacet  
Date: August 1, 2013
Docket Number: 12-2584

Justia Opinion Summary: Defendant appealed his conviction of one count of possession of a firearm following a conviction for a felony. Defendant pulled up to a two-hour scheduled traffic-safety vehicle checkpoint in the Bronx where an officer r...

Gordon v. Softech Int'l, Inc.
Date: August 1, 2013
Docket Number: 12-661
Pretzantzin v. Holder  
Date: July 31, 2013
Docket Number: 11-2867

Justia Opinion Summary: Petitioners challenged the BIA's decision reversing the IJ's grant of their motion to suppress evidence obtained in egregious violation of their Fourth Amendment rights and termination of removal proceedings. Relying on...

Cotzojay v. Holder  
Date: July 31, 2013
Docket Number: 11-4916

Justia Opinion Summary: Petitioner, a citizen of Guatemala, petitioned for review of the BIA's decision affirming the IJ's order of removal. After the Government instituted removal proceedings, petitioner filed a motion to suppress the Governme...

LJL 33rd Street Associates, LLC v. Pitcairn Properties Inc.  
Date: July 31, 2013
Docket Number: 11-5425

Justia Opinion Summary: These appeals arose out of LJL's exercise of its contractual option to purchase Pitcairn's ownership stake in a jointly owned high-rise luxury residential building in New York City, after which the parties pursued an arb...

Gordon v. Softech Int'l, Inc.  
Date: July 31, 2013
Docket Number: 12-661

Justia Opinion Summary: After plaintiff was involved in a verbal altercation with Defendant Leifer, Leifer used plaintiff's license plate number to obtain the name and home address of plaintiff. Leifer then embarked on a campaign to harass plai...

United States v. Jones (Praddy)  
Date: July 30, 2013
Docket Number: 11-4711

Justia Opinion Summary: Defendant appealed his conviction of drug-related charges stemming from his involvement in a group that sold marijuana in the East Flatbush area of Brooklyn, New York. The court concluded that defendant's contentions on...

M.W. v. New York City Dep't of Educ.  
Date: July 29, 2013
Docket Number: 12-2720

Justia Opinion Summary: Plaintiffs filed a due-process complaint against the DOE seeking tuition reimbursement after plaintiffs enrolled their autistic child in a private school because the DOE failed to provide the child with a free and approp...

In re: MTBE Products Liability Litig.  
Date: July 26, 2013
Docket Number: 10-4135

Justia Opinion Summary: This case involved long-running multidistrict litigation concerning contamination of groundwater by the organic compound MTBE, which was used as a gasoline additive by Exxon and others. The court concluded that the state...

United States v. Goffer
Date: July 25, 2013
Docket Number: 11-3591
USA v. Juncal
Date: July 24, 2013
Docket Number: 10-1800
Schlessinger v. Valspar Corp.
Date: July 24, 2013
Docket Number: 11-4430
Sykes v. Bank of America  
Date: July 24, 2013
Docket Number: 12-110

Justia Opinion Summary: Plaintiff, a recipient of Supplemental Security Income (SSI) benefits, appealed from the district court's judgment sua sponte dismissing his amended complaint under 28 U.S.C. 1915(e)(2)(B). Plaintiff sought an Order to S...

United States v. Juncal  
Date: July 23, 2013
Docket Number: 10-1800

Justia Opinion Summary: Defendants were convicted of conspiracy to commit mail fraud and wire fraud in violation of 18 U.S.C. 1341, 1343, and 1349. Defendants' convictions stemmed from their involvement in a conspiracy to defraud a non-existent...

Zalaski v. City of Hartford  
Date: July 23, 2013
Docket Number: 12-621

Justia Opinion Summary: Plaintiffs, the Animal Rights Front (ARF) and two of its members, filed suit under 42 U.S.C. 1983 alleging that defendant, a Hartford Police Sergeant, violated their constitutional rights when he arrested two of ARF's me...

SEC v. Razmilovic  
Date: July 22, 2013
Docket Number: 12-357

Justia Opinion Summary: This case stemmed from a civil enforcement action brought by the SEC against Symbol Technologies. Defendant, Symbol's president and COO, subsequently appealed the district court's order directing him to disgorge to the S...

In Re: ProShares Trust Sec. Litig.  
Date: July 22, 2013
Docket Number: 12-3981

Justia Opinion Summary: Plaintiffs filed a putative class action seeking to hold ProShares liable for material omissions and misrepresentations in the prospectuses for certain exchange-traded funds (ETFs) under the Securities Act of 1933, 15 U....

In Re: WorldCom, Inc.  
Date: July 22, 2013
Docket Number: 12-803

Justia Opinion Summary: The IRS challenged the district court's judgment upholding the bankruptcy court's decision to grant the objection of the reorganized Worldcom debtors to the IRS's proof of claim for taxes owed and the debtors' refund mot...

Rasanen v. Brown  
Date: July 19, 2013
Docket Number: 12-680

Justia Opinion Summary: Plaintiff filed suit against defendants, asserting claims under 42 U.S.C. 1983 and for negligence, after plaintiff's son was shot and killed by a state trooper. In regards to the negligence claim, the court found nothing...

Hedges v. Obama  
Date: July 17, 2013
Docket Number: 12-3176

Justia Opinion Summary: Plaintiffs challenged Section 1021(b)(2) of the National Defense Authorization Act for Fiscal Year 2012 (2012 NDAA), Pub. L. 112-81, 125 Stat. 1298, which appears to permit the President to detain anyone who was part of,...

United States v. Nourse  
Date: July 16, 2013
Docket Number: 12-1268

Justia Opinion Summary: Defendant appealed his sentence stemming from his conviction of conspiracy to distribute and possess with the intent to distribute more than 100 kilograms of marijuana. Although the district court expressed the terms of...

WNET v. Aereo, Inc.; Am. Broad. Cos. v. Aereo, Inc.
Date: July 16, 2013
Docket Number: 12-2786
In re: World Trade Center Disaster Site Litigation  
Date: July 16, 2013
Docket Number: 12-87

Justia Opinion Summary: Plaintiffs, office cleaners in buildings surrounding the World Trade Center disaster site on and after the September 11th terrorist attacks, appealed the district court's order denying their motion for an extension of ti...

Blue Whale Corp. v. Grand China Shipping Dev. Co., Ltd., et al.  
Date: July 16, 2013
Docket Number: 13-192

Justia Opinion Summary: This case stemmed from a maritime contract entered into by Blue Whale and Development. Blue Whale filed a complaint in district seeking to attach property belonging to Development's alleged alter ego, HNA, in anticipatio...

Guggenheim Capital, LLC v. Birnbaum  
Date: July 15, 2013
Docket Number: 11-3276

Justia Opinion Summary: Plaintiffs, entities with rights or licenses to registered trademarks bearing the "Guggenheim" name, filed suit alleging trademark infringement and other federal and state law claims after defendant solicited investors t...

In Re: Lehman Bros. ERISA Litig.  
Date: July 15, 2013
Docket Number: 11-4232

Justia Opinion Summary: Plaintiffs, former Lehman employees, filed suit alleging that defendants, members of the Benefits Committee, and the company's Directors, breached their duties under the Employee Retirement Income Security Act (ERISA), 2...

Mashantucket Pequot Tribe v. Town of Ledyard  
Date: July 15, 2013
Docket Number: 12-1727

Justia Opinion Summary: The Town and the State appealed from the district court's adverse summary judgment ruling in a suit where the Tribe challenged the Town's imposition of the State's personal property tax on the lessors of slot machines us...

Nakahata, et al. v. New York-Presbyterian HealthCare System, Inc. et al.  
Date: July 11, 2013
Docket Number: 11-734

Justia Opinion Summary: Plaintiffs appealed the district court's dismissal of their complaints alleging that defendants failed to compensate them for work performed during meal breaks, before and after schedule shifts, and during required train...

Gonzalez v. United States  
Date: July 10, 2013
Docket Number: 10-3630

Justia Opinion Summary: Petitioner appealed the district court's denial of his 28 U.S.C. 2255 motion to vacate his conviction and sentence based on ineffective assistance of counsel. The court concluded that petitioner was not entitled to disco...

Palma v. NLRB  
Date: July 10, 2013
Docket Number: 12-1199

Justia Opinion Summary: Petitioners, undocumented aliens, petitioned for review of the Board's ruling that they were precluded from receiving an award of backpay from their employer pursuant to Hoffman Plastic Compounds, Inc. v. NLRB. The court...

Sokolwski v. Metropolitan Transportation Authority  
Date: July 10, 2013
Docket Number: 12-1704

Justia Opinion Summary: Plaintiff and his former employers (collectively, the "MTA") dispute whether the district court had subject matter jurisdiction to hear an appeal from a decision of a special adjustment board. At issue was whether a part...

Irizarry v. Catsimatidis  
Date: July 9, 2013
Docket Number: 11-4035

Justia Opinion Summary: Plaintiffs, employees of Gristede's supermarkets, moved for partial summary judgment on the issue of whether John Catsimatidis, the chairman and CEO, could be held personally liable for damages. The court affirmed the di...

Kwong, et al. v. Bloomberg, et al.  
Date: July 9, 2013
Docket Number: 12-1578

Justia Opinion Summary: Plaintiffs appealed the district court's grant of summary judgment dismissing their complaint challenging the constitutionality of New York State Penal Law 400.00(14). Penal Law 400.00(14) permits New York City to set an...

United States v. Barker  
Date: July 9, 2013
Docket Number: 12-2553

Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to possession of child pornography. The court concluded that because Vermont's statutory rape provision under which defendant was convicted was non-divisible, the dis...

Pascual v. Holder
Date: July 9, 2013
Docket Number: 12-2798
Kanciper v. Suffolk County SPCA  
Date: July 8, 2013
Docket Number: 13-1000

Justia Opinion Summary: Plaintiff filed suit against the SPCA and others, seeking damages as a result of a search of her property and her arrest based on allegations of equine abuse. The district court applied claim splitting principles to dism...

Porter v. Quarantillo  
Date: July 8, 2013
Docket Number: 13-119

Justia Opinion Summary: Plaintiff appealed the district court's grant of summary judgment in favor of the USCIS and the agency's New York District Director. The district court determined that the statements plaintiff submitted to show that he w...

Dorchester Fin. Sec., Inc. v. Banco BRJ, S.A.  
Date: July 3, 2013
Docket Number: 12-770

Justia Opinion Summary: Dorchester appealed from the district court's dismissal of its complaint against BRJ for lack of personal jurisdiction. Dorchester initially filed suit against BRJ for breach of contract and fraud based on BRJ's purporte...

United States v. Goffer  
Date: July 1, 2013
Docket Number: 11-3591

Justia Opinion Summary: Defendants appealed their securities fraud and conspiracy convictions stemming from their involvement in a double-blind, high-volume insider trading network that led the participants to acquire over $10 million in profit...

The Authors Guild Inc., et al. v. Google, Inc.  
Date: July 1, 2013
Docket Number: 12-3200

Justia Opinion Summary: Plaintiffs, an association of authors and several individual authors, filed suit against Google alleging that it committed copyright infringement through the Library Project of its "Google Books" search tool by scanning...

Phillips v. Generations Family Health Center  
Date: June 28, 2013
Docket Number: 12-3713

Justia Opinion Summary: Plaintiff, as the administrator of his sister's estate, sued defendant in Connecticut state court, alleging that it negligently failed to timely diagnose the colon cancer that caused her death. Defendant removed the case...

Doyle v. Midland Credit Management, Inc.  
Date: June 28, 2013
Docket Number: 12-4555

Justia Opinion Summary: Plaintiff sued Midland, a debt collector, for damages after Midland called him between 22 and 28 times over the course of 2011 when none of the calls were intended for plaintiff. On appeal, plaintiff contended that neith...

In re IndyMac Mortgage-Backed Sec. Litig.  
Date: June 27, 2013
Docket Number: 11-2998

Justia Opinion Summary: Intervenors appealed the district court's denial of their motion to intervene in a suit where the lead plaintiff and other putative class members alleged that defendants had made fraudulent misrepresentations and omissio...

United States v. Cuti  
Date: June 26, 2013
Docket Number: 11-3756

Justia Opinion Summary: Defendants, former executives of the retail drugstore chain Duane Reede, appealed their convictions for securities fraud. Defendants had executed a number of schemes to inflate the company's earnings in quarterly and ann...

United States v. Tien  
Date: June 26, 2013
Docket Number: 11-3835

Justia Opinion Summary: Defendant pleaded guilty to bribing an ICE employee to grant Lawful Permanent Resident status to an alien and for furnishing a forged passport. On appeal, defendant claimed that he did not understand the plea proceedings...

Miles v. Principal Life Ins. Co.  
Date: June 26, 2013
Docket Number: 12-152

Justia Opinion Summary: Plaintiff filed suit against Principal after it concluded that he was not eligible for long term disability benefits and denied his claim. The court concluded that Principal failed to properly consider plaintiff's subjec...

ONY, Inc. v. Cornerstone Therapeutics, Inc.  
Date: June 26, 2013
Docket Number: 12-2414

Justia Opinion Summary: Plaintiff filed a complaint seeking damages and injunctive relief, alleging that defendants violated, inter alia, the Lanham Act, 15 U.S.C. 1125(a)(1), and New York General Business Law 349 when defendants published a sc...

Souratgar v. Lee
Date: June 26, 2013
Docket Number: 12-5088
Stansbury v. Wertman  
Date: June 26, 2013
Docket Number: 12-713

Justia Opinion Summary: Plaintiff brought this action under 42 U.S.C. 1983 against defendant, the officer who arrested her, alleging false arrest and malicious prosecution. On appeal, defendant challenged the district court's denial of his moti...

United States v. Galpin  
Date: June 25, 2013
Docket Number: 11-4808

Justia Opinion Summary: Defendant appealed his conviction for several counts of production of child pornography, committing a felony offense involving a minor while being required to register as a sex offender, and possession of child pornograp...

Padilla v. Maersk Line, Limited  
Date: June 25, 2013
Docket Number: 12-834

Justia Opinion Summary: A class of seafarers sought, as part of unearned wages, overtime pay from Maersk that they would have earned from the time of their discharge until the end of their respective voyages. On appeal, Maersk challenged the di...

United States v. Rajaratnam  
Date: June 24, 2013
Docket Number: 11-4416

Justia Opinion Summary: Defendant appealed his securities fraud conviction for insider trading. The court held that the district court properly analyzed the misstatements and omissions in the government's Title III wiretap application under the...

United States v. Alvarado  
Date: June 24, 2013
Docket Number: 12-3413

Justia Opinion Summary: Defendant, a citizen of the Dominican Republic, pleaded guilty to robbery after illegally reentering the United States. At issue on appeal was whether the district court plainly erred by sentencing defendant to, inter al...

United States v. Turner  
Date: June 21, 2013
Docket Number: 11-196

Justia Opinion Summary: Defendant appealed his conviction for threatening to assault or murder three Seventh Circuit judges with the intent to impede, intimidate, or interfere with them in the performance of their duties or to retaliate against...

Vidro v. United States  
Date: June 21, 2013
Docket Number: 12-4268

Justia Opinion Summary: Plaintiff filed suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq., alleging that two federal law enforcement officers caused the tortious intentional infliction of emotional distress when they malicio...

Chhabra v. United States  
Date: June 20, 2013
Docket Number: 10-5020

Justia Opinion Summary: Petitioner, a national of India and lawful permanent resident in the United States, pled guilty to one count of receiving Medicare kickbacks and one count of income tax evasion. On appeal, petitioner challenged the distr...

In Re: Bernard L. Madoff Investment Securities  
Date: June 20, 2013
Docket Number: 11-5044

Justia Opinion Summary: Trustee sued on behalf of victims in the Ponzi scheme worked by Bernard Madoff under the Securities Investor Protection Act (SIPA), 15 U.S.C. 78aaa, alleging that, when defendants were confronted with evidence of Madoff'...

Spavone v. N. Y. State Dep't of Corr. Servs.  
Date: June 20, 2013
Docket Number: 11-617

Justia Opinion Summary: Plaintiff brought suit under 42 U.S.C. 1983 and the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., alleging that defendants' denial of his leave request from prison for the treatment of his post-traumati...

Grullon v. City of New Haven  
Date: June 19, 2013
Docket Number: 11-3184

Justia Opinion Summary: Plaintiff filed a pro se complaint under 42 U.S.C. 1983 against defendants, alleging, inter alia, the denial of visitation rights, telephone usage, and access to a law library, and deprivation of proper temperature contr...

United States v. Shellef
Date: June 19, 2013
Docket Number: 11-876
Cruz v. FXDirectDealer, LLC  
Date: June 19, 2013
Docket Number: 12-1252

Justia Opinion Summary: Plaintiff appealed from the district court's dismissal of his amended complaint, which alleged that FXDD engaged in dishonest and deceptive practices in managing its online foreign exchange trading platform in violation...

United States v. Bonventre  
Date: June 19, 2013
Docket Number: 12-3574

Justia Opinion Summary: Defendant sought a hearing under United States v. Monsanto to recover restrained monies to fund his counsel of choice in a civil action. The court held that a defendant seeking a Monsanto or Monsanto-like hearing must de...

Jones v. Smith  
Date: June 19, 2013
Docket Number: 12-401

Justia Opinion Summary: Plaintiff appealed the district court's denial of his motion to proceed in forma pauperis (IFP) and dismissal of his civil rights complaint. At issue was the interpretation of the three strikes provision of the Prison Li...

Castillo Grand, LLC v. Sheraton Operating Corp.  
Date: June 18, 2013
Docket Number: 11-2457

Justia Opinion Summary: This case stemmed from plaintiff's suit against Sheraton, alleging state law claims and invoking subject matter jurisdiction based on diversity of citizenship pursuant to 28 U.S.C. 1332(a). The district court dismissed p...

Cappiello v. ICD Publ'ns, Inc.  
Date: June 18, 2013
Docket Number: 12-2636

Justia Opinion Summary: This suit stemmed from plaintiff's suit for breach of contract against his former employer, ICD, and tortious interference with contract against ICD's president. On appeal, plaintiff challenged the district court's order...

United States v. Ingram  
Date: June 14, 2013
Docket Number: 12-1058

Justia Opinion Summary: Defendant appealed his sentence of 144 months' imprisonment after pleading guilty to two counts of possession with intent to distribute and distribution of cocaine within 1,000 feet of public housing property. The court...

Carrion v. Agfa Construction, Inc.  
Date: June 13, 2013
Docket Number: 11-5098

Justia Opinion Summary: Plaintiff challenged the court's holding in Grochowski v. Phoenix Construction, which held that the Davis-Bacon Act, 40 U.S.C. 3141-3148, barred third-party private contract actions, brought under state law, aimed at enf...

Mali v. Federal Ins. Co,  
Date: June 13, 2013
Docket Number: 11-5413

Justia Opinion Summary: Plaintiffs appealed the district court's judgment in favor of Federal, denying plaintiffs indemnification under their insurance policy for the destruction of their barn by fire. The court concluded that the permissive ad...

Souratgar v. Fair  
Date: June 13, 2013
Docket Number: 12-5088

Justia Opinion Summary: Respondent appealed the district court's grant of her husband's petition for repatriation of their son from New York to Singapore. At issue was whether respondent's affirmative defenses to repatriation should have prevai...

Marshall v. Randall  
Date: June 12, 2013
Docket Number: 12-2479

Justia Opinion Summary: Defendants appealed the district court's judgment of liability after a jury found them liable for false arrest, malicious prosecution, and violation of plaintiff's right to a fair trial. The court concluded that jury ins...

Gaia House Mezz LLC v. State St. Bank & Trust Co.  
Date: June 12, 2013
Docket Number: 12-2481

Justia Opinion Summary: Gaia and State Street were bound by a mezzanine loan agreement with Lehman Brothers to help finance the construction of a residential building in Manhattan. At issue on appeal was whether equitable estoppel, principles o...

CGS Indus., Inc. v. Charter Oak Fire Ins. Co.  
Date: June 11, 2013
Docket Number: 11-2647

Justia Opinion Summary: Charter appealed the district court's holding that it was liable to CGS for its expenses in defending and settling a trademark infringement suit. The court concluded that the relevant insurance policy did not cover the l...

United States v. Malki  
Date: June 11, 2013
Docket Number: 12-3167

Justia Opinion Summary: Defendant appealed from a sentence imposed by the district court for retaining classified documents without authorization. The court vacated defendant's sentence and remanded for resentencing. At issue here was whether t...

Hooks v. Forman, Holt, Eliades & Ravin, LLC
Date: June 11, 2013
Docket Number: 12-3639
Guzzo v. Cristofano  
Date: June 11, 2013
Docket Number: 12-74

Justia Opinion Summary: Petitioner, the father, initiated this action under the Hague Convention and the International Abduction Remedies Act (ICARA), 42 U.S.C. 11601 et seq., alleging that respondent, the mother, had wrongfully removed the chi...

Gary Friedrich Enters., LLC v. Marvel Characters, Inc.  
Date: June 11, 2013
Docket Number: 12-893

Justia Opinion Summary: Plaintiff sued Marvel, contending that he conceived the comic book character "Ghost Rider," the related characters, and the origin story. Plaintiff also claimed that he owned the renewal term copyrights in those works. O...

In re: Quebecor World (USA), Inc.  
Date: June 10, 2013
Docket Number: 12-4270

Justia Opinion Summary: Appellants sought to avoid and recover certain payments made by debtor, QWUSA, to appellees, noteholders, in exchange for private placement notes that had been issued by one of debtor's affiliates. On appeal, appellants...

United States v. Lee  
Date: June 7, 2013
Docket Number: 12-88

Justia Opinion Summary: Defendant appealed his convictions for conspiring to distribute 1,000 kilograms or more of marijuana knowing that it would be unlawfully imported into the United States and conspiring to import 1,000 kilograms or more of...

Vincent v. Yelich; Earley v. Annuci  
Date: June 4, 2013
Docket Number: 11-3893

Justia Opinion Summary: Plaintiffs, former New York state prisoners who brought separate actions in the district court and whose appeals have been consolidated in this court, appealed from the district court's judgment dismissing their complain...

Ali v. Fed. Ins. Co.  
Date: June 4, 2013
Docket Number: 11-5000

Justia Opinion Summary: Although the court usually may not review voluntary dismissals of claims or denials of motions for summary judgment, this case presented the unusual situation in which the court was asked to review the voluntary dismissa...

VRG Linhas Aereas S.A. v. MatlinPatterson Global Opportunities Partners II L.P.  
Date: June 3, 2013
Docket Number: 12-593

Justia Opinion Summary: After receiving an arbitral award against MatlinPatterson, VRG filed a petition in the district court seeking confirmation of the award in accordance with the Convention on the Recognition and Enforcement of Foreign Arbi...

Terra Firma Investments v. Citigroup  
Date: May 31, 2013
Docket Number: 11-126

Justia Opinion Summary: Plaintiffs appealed from the district court's grant of judgment in favor of defendants. Plaintiffs brought claims of fraudulent misrepresentation, negligent misrepresentation, fraudulent concealment, and tortious interfe...

State Employees Bargaining Agent Coalition v. Rowland  
Date: May 31, 2013
Docket Number: 11-3061

Justia Opinion Summary: Plaintiffs, labor organizations and state employees, brought this action contending that defendants, state officials, violated their First Amendment right to freedom of association. The court concluded that, on the stipu...

United States v. Defreitas  
Date: May 31, 2013
Docket Number: 11-425

Justia Opinion Summary: Defendants were found guilty of conspiracy to carry out acts of terrorism against JFK International Airport. On appeal, defendant challenged the district court's various evidentiary rulings and the substantive reasonable...

Liberty Synergistics Inc. v. Microflo Ltd.  
Date: May 31, 2013
Docket Number: 12-108

Justia Opinion Summary: In this suit - which was originally filed in state court in California, later removed to federal court in California, and then voluntarily transferred to the district court - the district court denied defendants' motion...

Kelly-Brown, et al. v. Winfrey, et al.  
Date: May 31, 2013
Docket Number: 12-1207

Justia Opinion Summary: Plaintiff, owner of a motivational services business organized around the concept of "Own Your Power," appealed from the district court's grant of a motion to dismiss finding that defendants' use of the phrase "Own Your...

United States v. Stith & Brantley  
Date: May 30, 2013
Docket Number: 11-4933

Justia Opinion Summary: Defendants appealed from two orders by the district court which reduced their terms of imprisonment under 18 U.S.C. 3582(c)(2), but declined to depart or vary in any respect from defendants' amended guidelines range. At...

United States v. Rosen  
Date: May 29, 2013
Docket Number: 12-2249

Justia Opinion Summary: Defendant, the former CEO of Medisys, was convicted of honest services mail and wire fraud and honest services fraud conspiracy, as well as conspiracy to commit bribery and violate the Travel Act, 18 U.S.C. 371. Defendan...

Hooks v. Forman, Holt, Eliades & Ravin, LLC  
Date: May 29, 2013
Docket Number: 12-3639

Justia Opinion Summary: Plaintiffs brought suit against Forman Holt, a debt collector within the meaning of 15 U.S.C. 1692a(6), alleging a violation of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692g. Plaintiffs alleged that For...

Rivera v. United States  
Date: May 24, 2013
Docket Number: 11-5155

Justia Opinion Summary: Petitioner pleaded guilty to possession of a firearm after having been convicted of a felony and was sentenced pursuant to the Armed Career Criminal Act of 1984 (ACCA), 18 U.S.C. 924(e), to a mandatory minimum term of fi...

United States v. Bogle  
Date: May 23, 2013
Docket Number: 11-349

Justia Opinion Summary: Defendant appealed his conviction for possession of a firearm and body armor as a convicted felon, arguing that 18 U.S.C. 922(g)(1) violated his Second Amendment right to keep and bear arms. Defendant relied on recent Su...

United States v. Shellef  
Date: May 23, 2013
Docket Number: 11-876

Justia Opinion Summary: Defendant appealed his conviction, seeking vacatur of the judgment and dismissal of the indictment with prejudice on the ground that he was not retried following an earlier mandate of this court within the time prescribe...

Executive Plaza, LLC v. Peerless Ins. Co.  
Date: May 23, 2013
Docket Number: 12-1470

Justia Opinion Summary: Plaintiff appealed from the district court's dismissal with prejudice plaintiff's complaint seeking indemnification for property loss caused by fire under an insurance policy. At issue were two provisions in the policy:...

Walker v. Schult  
Date: May 23, 2013
Docket Number: 12-1806

Justia Opinion Summary: Plaintiff appealed from the district court's grant of defendants' motion to dismiss plaintiff's complaint alleging that his conditions of confinement amounted to cruel and unusual punishment in violation of the Eighth Am...

United States v. Erskine (Johnson)  
Date: May 23, 2013
Docket Number: 12-921

Justia Opinion Summary: Defendant appealed from the district court's grant of his motion for a sentence reduction under 18 U.S.C. 3582(c)(2) pursuant to Amendment 750 of the Sentencing Guidelines. The court held that the district court did not...

Carco Group, Inc. et al. v. Maconachy  
Date: May 21, 2013
Docket Number: 11-4445

Justia Opinion Summary: Following remand from a prior appeal, the district court determined that defendant's breach of two contracts proximately caused injury to Carco. On appeal, defendant argued that the district court's findings were erroneo...

Williams v. Comm'r of Internal Revenue  
Date: May 21, 2013
Docket Number: 12-2446

Justia Opinion Summary: Petitioner, an attorney, appealed pro se from the tax court's grant of summary judgment in favor of the Commissioner and sustaining a proposed levy to collect outstanding income tax liabilities owed by petitioner and his...

Rosario-Mijangos v. Holder  
Date: May 16, 2013
Docket Number: 11-1607

Justia Opinion Summary: Petitioner, a citizen of Mexico, sought review of the BIA's decision denying his application for cancellation of removal. Petitioner was able to demonstrate this continuous presence except for two encounters with U.S. Bo...

United States v. Wilson  
Date: May 16, 2013
Docket Number: 12-2373

Justia Opinion Summary: Defendant appealed from the district court's denial of his motion to reduce his sentence pursuant to 18 U.S.C. 3582(c)(2) and Amendment 750 of the U.S. Sentencing Guidelines, which lowered the base offense levels for cra...

Ransmeier v. UAL Corporation, et al.  
Date: May 15, 2013
Docket Number: 11-175

Justia Opinion Summary: This case stemmed from appellant's attempt to intervene in a wrongful death law suit. After an appeal from a judgment of the district court, this court affirmed the district court's judgment denying appellant's motion to...

United States v. Rodriguez  
Date: May 15, 2013
Docket Number: 12-1214

Justia Opinion Summary: Defendant was convicted of an aggravated felony in violation of 8 U.S.C. 1326(a) and 1326(b)(2). On appeal, defendant challenged his sentence as substantively unreasonable. The district court imposed defendant's 57-month...

Hofmann v. Sender
Date: May 15, 2013
Docket Number: 13-1
United States v. City of New York  
Date: May 14, 2013
Docket Number: 11-5113

Justia Opinion Summary: The United States brought suit pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., alleging racial discrimination in the hiring of New York City firefighters. On appeal, the City of New York,...

SEC v. Bankosky  
Date: May 14, 2013
Docket Number: 12-2943

Justia Opinion Summary: Defendant appealed from a post-judgment order barring him from acting as an officer or director of a public company for ten years, pursuant to section 21(d)(2) of the Securities Exchange Act of 1934, 15 U.S.C. 78u(d)(2)....

Hofmann v. Sender  
Date: May 14, 2013
Docket Number: 13-1

Justia Opinion Summary: Petitioner initiated proceedings pursuant to Article 3 of the Hague Convention on Civil Aspects of International Child Abduction, 51 Fed. Reg. 10, implemented by the International Child Abduction Remedies Act (ICARA), 42...

RLI Ins. Co. v. JDJ Marine, Inc.  
Date: May 10, 2013
Docket Number: 12-3871

Justia Opinion Summary: JDJ Marine moved to reinstate an appeal dismissed after its failure to comply with the court's second scheduling order for filing a brief. The court concluded that JDJ Marine had demonstrated a persistent indifference to...

United States v. Steele  
Date: May 9, 2013
Docket Number: 12-1072

Justia Opinion Summary: Defendant was found guilty of drug offenses and subsequently appealed his resentence. After defendant's resentencing, the Sentencing Commission promulgated Amendment 750, which retroactively lowered the base offense leve...

United States v. Figueroa  
Date: May 9, 2013
Docket Number: 12-3271

Justia Opinion Summary: Defendant appealed the district court's denial of his motion for resentencing pursuant to 18 U.S.C. 3582(c) and U.S.S.G. 1B1.10. Although the district court concluded that defendant was eligible for a sentence reduction,...

Weber v. SEFCU  
Date: May 8, 2013
Docket Number: 12-1632

Justia Opinion Summary: SEFCU, a lender, appealed from the district court's reversal of an order of the bankruptcy court and remanding the case to the bankruptcy court for further proceedings. The district court concluded that SEFCU violated th...

Edelhertz v. City of Middletown  
Date: May 8, 2013
Docket Number: 12-3923

Justia Opinion Summary: The City amended it's zoning laws to prohibit the nonconforming use of non-owner-occupied multiple dwellings in various zoning districts. Plaintiffs alleged that the City's failure to notify them, as affected property ow...

Fezzani v. Bear, Stearns & Co.  
Date: May 7, 2013
Docket Number: 09-4414

Justia Opinion Summary: Several individual investors appealed from the district court's dismissal of their complaint alleging securities fraud in violation of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. 78a et seq. This liti...

Steel Institute of New York v. City of New York  
Date: May 7, 2013
Docket Number: 12-276

Justia Opinion Summary: The Steel institute appealed the district court's grant of the City's motion for summary judgment and dismissal of its complaint, which alleged that the City's regulation of cranes and other hoisting equipment was preemp...

United States v. Chu  
Date: May 7, 2013
Docket Number: 12-3120

Justia Opinion Summary: Defendant's criminal conduct involved selling various drugs to a confidential source working with the DEA. The central issue raised on appeal was whether the district court erred in concluding that defendant was not enti...

Fink v. Time Warner Cable  
Date: May 6, 2013
Docket Number: 12-299

Justia Opinion Summary: Plaintiffs appealed from the district court's dismissal of their Second Amended Class Action Complaint pursuant to Rule 12(b)(6). Plaintiffs challenged the veracity of certain advertisements in which Time Warner allegedl...

Berlin v. Renaissance Rental Partners, LLC  
Date: May 6, 2013
Docket Number: 12-2213

Justia Opinion Summary: After defendant, a developer, had not furnished a "printed property report," as required by the Interstate Land Sales Full Disclosure Act (ISLA), 15 U.S.C. 1701 et seq., plaintiff claimed that their contract to purchase...

Reyes v. Holder  
Date: May 3, 2013
Docket Number: 11-5409

Justia Opinion Summary: Petitioner, a native of El Salvador, petitioned for review of the BIA's determination that he was ineligible for the Nicaraguan Adjustment and Central American Relief Act of 1997's (NACARA), Pub. L. No. 105-100, 111 Stat...

United States v. Richard James and Ronald Mallay
Date: May 1, 2013
Docket Number: 09-2732
Caronia v. Philip Morris USA  
Date: May 1, 2013
Docket Number: 11-316

Justia Opinion Summary: Plaintiffs appealed from the district court's dismissal of their claims in connection with the design, manufacture, and sale by Philip Morris of cigarettes that allegedly contained unnecessarily dangerous levels of carci...

Southern New England Telephone Co. v. Comcast  
Date: May 1, 2013
Docket Number: 11-2332

Justia Opinion Summary: Appellants, an Incumbent Local Exchange Carrier (ILEC), appealed the district court's judgment under the Telecommunications Act of 1996 (TCA), 47 U.S.C. 251-261. At issue was whether the TCA obligated ILECs to provide a...

Richmond v. Holder  
Date: April 30, 2013
Docket Number: 12-1395

Justia Opinion Summary: Petitioner, a native of Trinidad and Tobago, petitioned for review of a decision by the BIA finding him inadmissible because he made a false claim of United States citizenship in order to avoid being placed in removal pr...

Magi XXI, Inc. v. Stato della Citta del Vaticano  
Date: April 30, 2013
Docket Number: 12-568

Justia Opinion Summary: Plaintiff appealed from the district court's dismissal of the counts in its amended complaint directed against the Vatican State. Plaintiff alleged fraud, negligence, breach of contract, unjust enrichment, and conversion...

Mihalik v. Credit Agricole Cheuvreux N. Am., Inc.  
Date: April 26, 2013
Docket Number: 11-3361

Justia Opinion Summary: Plaintiff sued her former employer asserting claims of gender discrimination and retaliation under the New York City Human Rights Law (NYCHRL), N.Y.C. Admin. Code 8-107(1)(a), (7). The district court granted summary judg...

Kelly v. Howard I. Shapiro & Assocs. Consulting Eng'rs., P.C.  
Date: April 26, 2013
Docket Number: 12-3489

Justia Opinion Summary: Plaintiff filed suit under Title VII and the New York State Human Rights Law (NYSHRL), N.Y. Exec. Law 290 et seq., alleging that an affair that one of her brothers had with another worker in their family business created...

Cariou v. Prince  
Date: April 25, 2013
Docket Number: 11-1197

Justia Opinion Summary: Plaintiff sued defendant and the Gagosian Gallery, alleging that defendant's series of paintings and collages infringed on plaintiff's registered copyrights in certain photographs from a book of classical portraits and l...

Proctor v. LeClaire  
Date: April 25, 2013
Docket Number: 11-3312

Justia Opinion Summary: Plaintiff, a New York State prisoner who had been administratively confined since 2003, appealed the district court's dismissal of his amended complaint. The complaint, brought pursuant to 42 U.S.C. 1983, alleged that pl...

Shabaj v. Holder
Date: April 25, 2013
Docket Number: 12-703
John Wiley & Sons, Inc. v. Supap Kirtsaeng
Date: April 23, 2013
Docket Number: 09-4896
United States v. Lifshitz  
Date: April 23, 2013
Docket Number: 11-2078

Justia Opinion Summary: Defendant appealed from the district court's judgment revoking his supervised release and sentence. Defendant argued that the district court committed error in his sentencing by impermissibly basing the length of his sen...

Young v. Conway
Date: April 23, 2013
Docket Number: 11-830
Santana v. Holder  
Date: April 22, 2013
Docket Number: 10-2307

Justia Opinion Summary: Petitioner, convicted in state court of attempted arson in the second degree in violation of New York law, petitioned for review of the BIA's order affirming the IJ's finding that he was removable and ineligible for canc...

National Organization for Marriage, Inc. v. Walsh  
Date: April 22, 2013
Docket Number: 10-4572

Justia Opinion Summary: NOM, a nonprofit advocacy organization, appealed the district court's dismissal of its amended complaint for lack of subject-matter-jurisdiction. NOM was seeking declaratory and injunctive relief, arguing that New York E...

Paskar v. USDOT
Date: April 22, 2013
Docket Number: 10-4612
Poventud v. City of New York  
Date: April 19, 2013
Docket Number: 12-1011

Justia Opinion Summary: Plaintiff was convicted of attempted murder in the second degree and subsequently pled guilty to a lesser charge for which the penalty was a one-year sentence - a jail term that he had already served. Plaintiff then brou...

AIG v. Bank of America  
Date: April 19, 2013
Docket Number: 12-1640

Justia Opinion Summary: Plaintiffs appeal from the district court's order denying their motion for remand to state courts. This is an interlocutory appeal of a question certified by the district court, calling for interpretation of the jurisdic...

In Re: Terrorist Attacks of September 11, 2001  
Date: April 16, 2013
Docket Number: 11-3294

Justia Opinion Summary: This appeal involved claims by families and the estates of the victims of the September 11, 2001 terrorist attacks. This opinion addressed only the claims against the 37 defendants dismissed by the district court for lac...

United States v. Weingarten  
Date: April 16, 2013
Docket Number: 11-3999

Justia Opinion Summary: Defendant was convicted of two counts of transportation of a minor with intent to engage in criminal sexual activity and three counts of travel with intent to engage in illicit sexual conduct. Defendant raised several ch...

Morning Mist Holdings Ltd. v. Krys  
Date: April 16, 2013
Docket Number: 11-4376

Justia Opinion Summary: Morning Mist appealed from the judgment of the district court affirming the order of the bankruptcy court, which determined that the debtor had its "center of main interests" (COMI) in the British Virgin Islands (BVI), a...

United States v. Cho  
Date: April 16, 2013
Docket Number: 12-1084

Justia Opinion Summary: Defendant was convicted of one count of conspiring to violate sex trafficking laws and two substantive sex trafficking counts. Defendant raised several challenges to her conviction. The court concluded that there was suf...

United States v. Douglas  
Date: April 15, 2013
Docket Number: 11-5384

Justia Opinion Summary: Defendant pled guilty to a two-count superseding information charging him with conspiracy to distribute methamphetamine and cocaine. On appeal, defendant challenged his sentence as substantively unreasonable. The court h...

Paskar v. USDOT
Date: April 12, 2013
Docket Number: 10-4612
Sotomayor v. City of New York  
Date: April 11, 2013
Docket Number: 12-2319

Justia Opinion Summary: Plaintiff appealed the district court's dismissal of her claims of employment discrimination and retaliation under federal, state, and New York City law. Plaintiff claimed that defendants unfairly reprimanded her, observ...

Paskar v. USDOT
Date: April 10, 2013
Docket Number: 10-4612
J.S. v. T'Kash  
Date: April 10, 2013
Docket Number: 11-1287

Justia Opinion Summary: Plaintiff, formerly a participant in the Justice Department's Witness Security Program, brought suit pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, alleging that he was terminated from the Pr...

Molchatsky, et al. v. United States  
Date: April 10, 2013
Docket Number: 11-2510

Justia Opinion Summary: Plaintiffs appealed from the district court's grant of the United States' motion to dismiss plaintiffs' complaints against the SEC for lack of subject matter jurisdiction pursuant to Rule 12(b)(1). Plaintiffs also appeal...

Paskar v. USDOT  
Date: April 9, 2013
Docket Number: 10-4612

Justia Opinion Summary: Petitioners sought review of a letter written by the FAA to the City of New York which endorsed a series of recommendations made by a panel of experts regarding the impact of a proposed marine trash-transfer facility on...

United States v. Westchester County, New York  
Date: April 5, 2013
Docket Number: 12-2047

Justia Opinion Summary: The County appealed from a judgment of the district court finding that the County was in violation of its duty to promote source-of-income legislation under a Stipulation and Order of Settlement and Dismissal (consent de...

Federal Housing Fin. Agency v. UBS Americas Inc.  
Date: April 5, 2013
Docket Number: 12-3207

Justia Opinion Summary: FHFA, as conservator of Fannie Mae and Freddie Mac, sued UBS for fraud and misrepresentation in connection with the marketing and sale of mortgage-backed securities. The district court denied UBS's motion to dismiss and...

Mercer v. Gupta  
Date: April 5, 2013
Docket Number: 12-3393

Justia Opinion Summary: Plaintiff brought a derivative suit on behalf of Goldman Sachs under Section 16(b) of the Securities Exchange Act, 15 U.S.C. 78p(b), seeking to require defendant to disgorge all profits from short-swing transactions in G...

Cohen v. Cohen  
Date: April 3, 2013
Docket Number: 11-1390

Justia Opinion Summary: Plaintiff appealed from the district court's judgment dismissing her claims against her ex-husband and his brother for failure to state a claim and untimeliness. Plaintiff alleged that, in representing a certain investme...

CFTC v. 3M Employee Welfare Benefit Assoc. Trust I, et al.  
Date: April 3, 2013
Docket Number: 11-1516

Justia Opinion Summary: In these two civil enforcement actions for securities fraud, various entities that were defrauded by defendants appealed from the district court's order approving initial pro rata distributions recovered from defendants...

Evans v. Fischer  
Date: April 3, 2013
Docket Number: 11-4418

Justia Opinion Summary: Respondent appealed from the district court's grant of petitioner's application for a writ of habeas corpus. Petitioner was convicted of burglarizing a Brooklyn apartment and sentenced to fifteen years in prison. The App...

United States v. Bryant  
Date: April 3, 2013
Docket Number: 11-5452

Justia Opinion Summary: Defendant appealed from a conviction of one count of possession with intent to distribute cocaine base and one count of unlawful possession of a firearm in furtherance of a drug trafficking crime. The court decided three...

United States v. Livecchi  
Date: April 2, 2013
Docket Number: 09-1979

Justia Opinion Summary: Livecchi appealed from an amended judgment of the district court following partial summary judgment in favor of the government's equity-skimming claim (Livecchi I), and a subsequent bench trial rejecting Levecchi's count...

Pension Benefit Guaranty Corp. v. Morgan Stanley Inv. Mgmt. Inc.  
Date: April 2, 2013
Docket Number: 10-4497

Justia Opinion Summary: Saint Vincent's alleged that Morgan Stanley - the fiduciary manager of the fixed-income portfolio of Saint Vincent Catholic Medical Centers Retirement Plan - violated its fiduciary duties under the Employee Retirement In...

United States v. Barton  
Date: April 2, 2013
Docket Number: 12-1116

Justia Opinion Summary: Robert G. Smith, an Assistant Federal Defender for the Western District of New York, moved to withdraw from representing defendant in a criminal action pending in the district court. In this interlocutory appeal, Smith c...

United States v. Walsh  
Date: April 2, 2013
Docket Number: 12-2383

Justia Opinion Summary: In this criminal fraud case, defendant appealed from the district court's order denying his motion to release $3.7 million in assets that were frozen in a parallel civil enforcement action. Defendant and his wife had pur...

WC Capital Mgmt. v. UBS Sec., LLC  
Date: April 1, 2013
Docket Number: 11-122

Justia Opinion Summary: Willow Creek sued UBS, claiming a violation of Rule 10(b)-16 of the Securities Exchange Act of 1934, 15 U.S.C. 78j(b), because UBS failed to fully disclose its generally applicable margin rules until after it demanded th...

Singer v. Ferro  
Date: April 1, 2013
Docket Number: 11-3919

Justia Opinion Summary: Plaintiffs appealed the district court's grant of summary judgment to defendants on plaintiffs' First Amendment retaliation claims brought pursuant to 42 U.S.C. 1983. Plaintiffs alleged that defendants, who are superviso...

WNET v. Aereo, Inc.  
Date: April 1, 2013
Docket Number: 12-2786

Justia Opinion Summary: Two groups of plaintiffs, holders of copyrights in programs broadcast on network television, filed copyright infringement actions against Aereo. Aereo enabled its subscribers to watch broadcast television programs over t...

United States v. Orena (Sessa)  
Date: March 29, 2013
Docket Number: 11-611

Justia Opinion Summary: Defendant appealed from the denial of a motion for a new trial based on newly discovered evidence. Defendant's conviction stemmed from his participation in the Colombo organized crime family. Defendant claimed that the g...

United States v. James and Mallay  
Date: March 28, 2013
Docket Number: 09-2732

Justia Opinion Summary: Defendants James and Mallay appealed from judgments of conviction based on their participation in a wide-ranging conspiracy that involved fraudulently obtained life insurance policies for members of their extended famili...

SDBC Holdings, Inc. v. NLRB  
Date: March 28, 2013
Docket Number: 10-3709

Justia Opinion Summary: SDBC, formerly known as Stella D'oro, petitioned for review of a decision and order of the Board which held that Stella D'oro engaged in unfair labor practices principally by declining to permit the Union to retain a cop...

United States v. Botti  
Date: March 28, 2013
Docket Number: 10-3891

Justia Opinion Summary: Defendant appealed from his conviction of honest services mail fraud. Defendant argued that the district court committed reversible error when it used a jury instruction on honest services mail fraud that allowed the jur...

Gallagher v. United States  
Date: March 28, 2013
Docket Number: 13-547

Justia Opinion Summary: Petitioner, convicted of violent crimes in aid of racketeering activity, sought an order authorizing the district court to consider a second or successive motion filed under 28 U.S.C. 2255. The court held that, to the ex...

Selevan, et al. v. New York Thruway Authority, et al.  
Date: March 27, 2013
Docket Number: 11-5370

Justia Opinion Summary: Plaintiffs are motorists who use the Grand Island Bridge but, because they are not residents of Grand Island, did not qualify for the lowest toll rate. Plaintiffs sought a judgment declaring that the toll discount polici...

Cruz v. TD Bank, N.A.  
Date: March 27, 2013
Docket Number: 12-1200

Justia Opinion Summary: These appeals, heard in tandem, challenged two separate judgments entered in the district court in favor of TD Bank and Capital One, respectively, dismissing plaintiffs' claims that the banks violated Article 52 of the N...

Johnson v. Priceline.com, Inc.  
Date: March 27, 2013
Docket Number: 12-1744

Justia Opinion Summary: Plaintiffs initiated this putative class action against Priceline, seeking compensatory, punitive, and equitable relief for alleged breaches of fiduciary duty and contract, as well as a violation of Connecticut's Unfair...

Doe v. Guthrie Clinic, Ltd.  
Date: March 25, 2013
Docket Number: 12-1045

Justia Opinion Summary: Plaintiff appealed the district court's dismissal of his complaint against the Guthrie Defendants. Plaintiff's principal issue on appeal required the court to consider whether the unauthorized disclosure of confidential...

Scottsdale Ins. Co. v. R.I. Pools Inc.  
Date: March 21, 2013
Docket Number: 11-3529

Justia Opinion Summary: R.I. Pools appealed from the district court's grant of summary judgment in favor of Scottsdale, which insured R.I. Pools under commercial general liability policies. Scottsdale brought this action seeking declaratory jud...

Natural Resources Defense Council, Inc. v. U.S. Food and Drug
Date: March 21, 2013
Docket Number: 11-422
Parisi v. Goldman, Sachs & Co.  
Date: March 21, 2013
Docket Number: 11-5229

Justia Opinion Summary: Goldman Sachs appealed from an order of the district court denying their motion to compel arbitration of plaintiff's claims of gender discrimination. Plaintiff and others alleged that Goldman Sachs engaged in a continuin...

M.E.S., Inc. v. Snell  
Date: March 19, 2013
Docket Number: 12-1657

Justia Opinion Summary: MES claimed that the Corps unfairly terminated three of its construction/renovation contracts. On appeal, MES and its President contended that the district court erred as a matter of law in ruling that their Bivens actio...

Smith v. Pruco Life Ins. Co. of N.J.  
Date: March 19, 2013
Docket Number: 12-3071

Justia Opinion Summary: Plaintiff sought to recover benefits as the beneficiary of a term life insurance policy upon the death of the insured. The district court entered judgment in favor of the insurance company, holding that it was entitled t...

SEC v. McGinn, et al.  
Date: March 18, 2013
Docket Number: 11-3843

Justia Opinion Summary: This appeal arose out of a proceeding brought to remedy securities fraud and recover assets that were the fruits of the fraud. The issues on appeal related to enforcement of, and compliance with, an order freezing variou...

United Steel v. Cookson America, Inc.  
Date: March 18, 2013
Docket Number: 12-1032

Justia Opinion Summary: The Companies, Cookson and Vesuvius, appealed the district court's judgment denying their motion for summary judgment and granting the cross-motion of the Union. After the Companies closed a facility that Vesuvius had op...

Levitt v. J.P. Morgan Securities, Inc.  
Date: March 15, 2013
Docket Number: 10-4596

Justia Opinion Summary: Plaintiffs, former customers of Sterling Foster, for which Bear Stearns, as a clearing broker, performed certain settlement and record-keeping functions, alleged that Bear Stearns violated section 10(b) of the Securities...

Natural Resources Defense Council v. United States Food and Drug Admin.  
Date: March 15, 2013
Docket Number: 11-422

Justia Opinion Summary: The NRDC appealed from the district court's grant of summary judgment to the government. At issue was whether the NRDC had standing under Article III to bring this action to compel the FDA to finalize its regulation of t...

United States v. Abdur-Rahman
Date: March 13, 2013
Docket Number: 10-4814
L.I. Head Start Child Dev. Servs., Inc. v. Economic Opportunity Comm'n of Nassau Cnty., Inc.  
Date: March 13, 2013
Docket Number: 12-2082

Justia Opinion Summary: Plaintiffs sued the administrators of CAAIG contending that they breached their fiduciary duties to CAAIG under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., by failing to ensure that CAAIG...

Thurber v. Aetna Life Ins. Co.  
Date: March 13, 2013
Docket Number: 12-370

Justia Opinion Summary: Plaintiff appealed from the district court's grant of Aetna's motion for summary judgment on the issue of whether the insurer improperly denied plaintiff long-term disability benefits under the Employee Retirement Income...

Carroll v. County of Monroe  
Date: March 12, 2013
Docket Number: 12-975

Justia Opinion Summary: A jury found that plaintiff failed to prove her claim that the shooting of her family's dog by a law enforcement officer during the execution of a search warrant of her home was an unconstitutional seizure in violation o...

Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc.
Date: March 8, 2013
Docket Number: 11-3303
Yeldon v. Fisher et al  
Date: March 6, 2013
Docket Number: 11-2334

Justia Opinion Summary: Plaintiff appealed from the district court's grant of defendants' motions for summary judgment on all of plaintiff's claims under 42 U.S.C. 1983. Plaintiff, a pro se prisoner, affirmatively signed a consent form indicati...

Winfield v. Trottier  
Date: March 6, 2013
Docket Number: 11-4404

Justia Opinion Summary: Defendant, a police officer, appealed from the district court's denial of his motion for qualified immunity in a claim brought by plaintiff under 42 U.S.C. 1983. Plaintiff alleged that defendant violated her Fourth Amend...

Mayor and City Council of Baltimore v. Citigroup, Inc.  
Date: March 5, 2013
Docket Number: 10-722

Justia Opinion Summary: Plaintiffs in this consolidated action sought relief on behalf of two large putative classes - one whose members bought auction rate securities and one whose members issued them - alleging that defendants triggered the m...

Bechtel v. Admin. Review Bd.  
Date: March 5, 2013
Docket Number: 11-4918

Justia Opinion Summary: Petitioner sought review of the ARB of the DOL affirming an ALJ order dismissing petitioner's retaliation claim under the Sarbanes-Oxley Act, 18 U.S.C. 1514A. The court held: (1) To prevail on a whistleblower claim under...

United States v. Nouri  
Date: March 4, 2013
Docket Number: 09-3627

Justia Opinion Summary: Defendants Michael Nouri, Eric Nouri, and Anthony Martin appealed convictions stemming from their involvement with a market manipulation scheme with Smart Online, Inc. stock. On appeal, defendants contended that the dist...

McMillan v. City of New York  
Date: March 4, 2013
Docket Number: 11-3932

Justia Opinion Summary: Plaintiff brought suit against the City pursuant to, inter alia, the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et seq., claiming that the City's response to his request for accommodations was insuffi...

County of Erie, New York v. Colgan Air, Inc.  
Date: March 4, 2013
Docket Number: 12-1600

Justia Opinion Summary: The County sued defendants to recover its expenditures in responding to, and cleaning up after, the 2009 crash of Continental Connection Flight 3407. The district court granted defendants' motion to dismiss the complaint...

City Wide Transit, Inc. v. Comm'r of Internal Revenue  
Date: March 1, 2013
Docket Number: 12-1040

Justia Opinion Summary: The Commissioner appealed from the tax court's order that prevented the Commissioner from collecting City Wide's outstanding employment taxes for seven taxable quarters. The tax court held that the Commissioner was time...

Lundy v. Catholic Health System of Long Island Inc.  
Date: March 1, 2013
Docket Number: 12-1453

Justia Opinion Summary: Plaintiffs, on behalf of a purported class of similarly situated employees, appealed from the district court's dismissal of their claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., the Racketeer Inf...

New Jersey Carpenters Health Fund v. The Royal Bank of Scotland  
Date: March 1, 2013
Docket Number: 12-1707

Justia Opinion Summary: Plaintiff appealed the district court's dismissal of its complaint for failure to state a claim. At issue was whether plaintiff had stated plausible claims under sections 11 and 12(a)(2) of the Securities Act of 1933, 15...

United States v. Robles  
Date: March 1, 2013
Docket Number: 12-631

Justia Opinion Summary: Defendant appealed from the district court's judgment convicting him of conspiring to commit and committing three Hobbs Act, 18 U.S.C. 1951, robberies and of brandishing a firearm during two of the robberies. On appeal,...

Mitchell v. Lyons Professional Servs., Inc.  
Date: February 28, 2013
Docket Number: 10-5100

Justia Opinion Summary: Appellants appealed the denial of their motion for a writ of execution against Garrison Services. The motion was based on default judgments appellants had earlier obtained against Lyons. The court denied the motion as a...

National Labor Relations Board v. Special Touch Home Care Services  
Date: February 27, 2013
Docket Number: 11-3147

Justia Opinion Summary: The Board petitioned for enforcement of its decision and order finding that Special Touch violated the National Labor Relations Act, 29 U.S.C. 158(a)(1) and (3), by failing to immediately reinstate striking workers, home...

Maraschiello v. City of Buffalo Police Dept.  
Date: February 27, 2013
Docket Number: 12-1006

Justia Opinion Summary: Plaintiff, a white male employed as captain of the City of Buffalo Police Department, sued the Department and its police chief claiming that their failure to promote him was impermissibly motivated by race. Plaintiff cla...

Taveras v. UBS AG et al.  
Date: February 27, 2013
Docket Number: 12-1662

Justia Opinion Summary: Plaintiffs brought a putative class action on behalf of current and former UBS and UBSFS employees, alleging that defendants violated various fiduciary duties imposed on them by the Employee Retirement Income Security Ac...

U.S. Smokeless Tobacco Mfg. Co., et al. v. City of New York  
Date: February 26, 2013
Docket Number: 11-5167

Justia Opinion Summary: Plaintiffs, manufacturers and distributors of smokeless tobacco products, filed suit challenging the validity of a New York City ordinance governing the sale of flavored tobacco products. Plaintiffs alleged that the ordi...

United States v. Wilson  
Date: February 22, 2013
Docket Number: 11-5057

Justia Opinion Summary: Defendant was convicted by a jury of charges stemming from an identity theft scheme. At issue on appeal was defendant's conviction under 42 U.S.C. 408(a)(7)(A), which criminalized the use of social security numbers assig...

In Re: Bernard L. Madoff Investment Securities LLC  
Date: February 22, 2013
Docket Number: 12-410

Justia Opinion Summary: Appellants, investors who lost money in the multi-billion dollar Ponzi scheme perpetrated by BLMIS, appealed from the district court's judgment affirming the bankruptcy court order affirming the trustee's denial of appel...

Summa v. Hofstra University  
Date: February 21, 2013
Docket Number: 11-1743

Justia Opinion Summary: Plaintiff appealed an order and judgment of the district court granting summary judgment to Hofstra and dismissing her suit claiming harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964, 4...

Selian v. Astrue  
Date: February 21, 2013
Docket Number: 12-871

Justia Opinion Summary: Petitioner appealed from the district court's judgment affirming the Commissioner's denial of his application for disability benefits. The court held that the ALJ erred in her treatment of plaintiff's claim that he suffe...

Jimico Enterprises, Inc. v. Lehigh Gas Corp.  
Date: February 20, 2013
Docket Number: 11-4563

Justia Opinion Summary: Lehigh appealed the district court's award of damages to plaintiffs under the Petroleum Marketing Practices Act (PMPA), 15 U.S.C. 2801-2841. At issue was whether a franchisor could be held under the PMPA for failing to p...

Desardouin v. City of Rochester  
Date: February 19, 2013
Docket Number: 12-187

Justia Opinion Summary: Plaintiff and others brought claims of hostile work environment based on gender under the Civil Rights Act of 1964, 42 U.S.C. 2000e; 42 U.S.C. 1983; and the New York State Human Rights Law, N.Y. Exec. Law 290 et seq. (NY...

Pascual v. Holder  
Date: February 19, 2013
Docket Number: 12-2798

Justia Opinion Summary: Petitioner, a citizen of the Dominican Republic, sought review of the BIA's order affirming the IJ's finding that he had been convicted of an aggravated felony and was ineligible for cancellation of removal. The court co...

Payne v. Jones
Date: February 15, 2013
Docket Number: 09-5201
United States v. Rahman  
Date: February 15, 2013
Docket Number: 10-4814

Justia Opinion Summary: Defendant appealed his convictions stemming from his involvement in a Medicare fraud scheme. At issue was whether health care fraud was an enumerated felony violation cognizable under 18 U.S.C. 1028A. The district court...

Bailey v. Pataki  
Date: February 14, 2013
Docket Number: 10-2563

Justia Opinion Summary: Defendants appealed the district court's denial of their motion for summary judgment. Plaintiffs' commitments were effected by means of an executive-branch effort aimed at preventing the release of some "sexually violent...

Rothstein v. UBS AG  
Date: February 14, 2013
Docket Number: 11-211

Justia Opinion Summary: Plaintiffs appealed from the district court's dismissal of their action brought under the Anti-Terrorism Act (ATA), 18 U.S.C. 2331 et seq., against UBS, alleging that plaintiffs were direct or indirect victims of terrori...

Gatt Communications, Inc. v. PMC Associates, L.L.C.  
Date: February 14, 2013
Docket Number: 11-1111

Justia Opinion Summary: This case involved an alleged bid-rigging scheme that sought to defraud various New York State and City government agencies in connection with the purchase by those agencies of a particular brand of mobile radio. Gatt, a...

United States v. Desnoyers  
Date: February 14, 2013
Docket Number: 11-5194

Justia Opinion Summary: Defendant was convicted of offenses arising from his malfeasance as an air monitor for asbestos abatement projects. Defendant was sentenced to five years' probation after the district court granted his motion under Feder...

Ozaltin v. Ozaltin  
Date: February 11, 2013
Docket Number: 12-2371

Justia Opinion Summary: Petitioner (Father) brought this suit under the International Child Abduction Remedies Act (ICARA), 42 U.S.C. 11603(b), seeking the return of his two minor children to Turkey, as well as an order enforcing his rights und...

United States v. Broxmeyer
Date: February 6, 2013
Docket Number: 10-5283
Alphonso v. Commissioner of Internal Revenue  
Date: February 6, 2013
Docket Number: 11-2364

Justia Opinion Summary: Petitioner, a tenant-stockholder of a cooperative housing corporation, appealed from the tax court's denial of her petition for a redetermination of a deficiency determination by the Commissioner. The tax court granted t...

United States v. Broxmeyer
Date: February 5, 2013
Docket Number: 10-5283
Kleinman v. Elan Corp., plc
Date: February 5, 2013
Docket Number: 11-3706
Kleinman v. Elan Corp., PLC  
Date: February 1, 2013
Docket Number: 11-3706

Justia Opinion Summary: Plaintiff brought a putative class action against defendants, alleging that defendants violated Section 10(b) and Section 20(a) of the Securities and Exchange Act of 1934, 15 U.S.C. 78u-4(b)(2)(A), by issuing a misleadin...

McCoy v. United States  
Date: January 30, 2013
Docket Number: 11-3457

Justia Opinion Summary: Petitioner appealed from the district court's denial of his petition for writ of habeas corpus. The district court held that petitioner's trial counsel was not constitutionally defective for failing to challenge a second...

In Re: Fosamax Products Liability Litigation  
Date: January 30, 2013
Docket Number: 11-4358

Justia Opinion Summary: Plaintiff appealed from the district court's grant of summary judgment in favor of Merck and the dismissal of her products liability claim for failure to provide an adequate warning regarding the risks associated with Fo...

Mary Jo C. v. New York State and Local Retirement Sys.  
Date: January 29, 2013
Docket Number: 11-2215

Justia Opinion Summary: Plaintiff sued her employer, alleging violations of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12131 et seq. Plaintiff alleged that her job as a librarian at the Library was terminated because of be...

Osterweil v. Bartlett  
Date: January 29, 2013
Docket Number: 11-2420

Justia Opinion Summary: Plaintiff appealed from the district court's grant of summary judgment denying injunctive relief from New York's statutory handgun licensing requirement. The district court concluded that the statute limited the grant of...

Kirkendall et al v. Halliburton, Inc. et al  
Date: January 29, 2013
Docket Number: 11-2733

Justia Opinion Summary: Kathy Joy Kirkendall and her co-plaintiffs filed this putative class action suit, pursuant to the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1002-1461, which included claims for redetermination of benefit...

Garcia v. Hartford Police Dept.  
Date: January 28, 2013
Docket Number: 11-4618

Justia Opinion Summary: Plaintiff, a former sergeant with the Hartford Police Department, appealed the district court's grant of summary judgment to defendants where plaintiff alleged, inter alia, that defendants wrongfully failed to promote hi...

United States v. Dupree  
Date: January 28, 2013
Docket Number: 11-5115

Justia Opinion Summary: This case stemmed from defendant's arrest for bank fraud. The government appealed the district court's denial of its motion in limine to admit a state court temporary restraining order as evidence against defendant. The...

In re Payne
Date: January 25, 2013
Docket Number: 10-90019
In re: WorldCom, Inc. v. MCI Worldcom Communications  
Date: January 24, 2013
Docket Number: 10-4588

Justia Opinion Summary: This case stemmed from bankruptcy court proceedings between MCI and CNI where MCI sought to recover from CNI allegedly unpaid telecommunications services. CNI counterclaimed. At issue on appeal was whether the district c...

Bakoss v. Certain Underwriters at Lloyds of London  
Date: January 23, 2013
Docket Number: 11-4371

Justia Opinion Summary: Plaintiff appealed from the district court's judgment denying his motion to dismiss for lack of subject matter jurisdiction and granting the motion for summary judgment by Lloyds. At issue was whether federal common law...

Linde v. Arab Bank, PLC  
Date: January 18, 2013
Docket Number: 10-4519

Justia Opinion Summary: Plaintiffs, victims and families of victims of terrorist attacks committed in Israel between 1995-2004, brought claims under the Anti-Terrorism Act, 18 U.S.C. 2333, and the Alien Tort Claims Act, 28 U.S.C. 1350, seeking...

Rochester Gas & Elec. Corp. v. Nal Labor Relations Bd.
Date: January 17, 2013
Docket Number: 10-3448
United States v. Gomez  
Date: January 15, 2013
Docket Number: 10-1095

Justia Opinion Summary: Defendant appealed from convictions for racketeering conspiracy in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1962(d), murder in aid of racketeering, and unlawful possession of...

Shabaj v. Holder  
Date: January 15, 2013
Docket Number: 12-703

Justia Opinion Summary: Plaintiff, a native and citizen of Albania, appealed the district court's dismissal of his complaint, holding that it lacked jurisdiction to review the decision of the CIS to deny plaintiff's application for a waiver of...

United States v. Desposito  
Date: January 11, 2013
Docket Number: 11-2634

Justia Opinion Summary: Defendant was convicted of bank robbery, using fire to commit a felony, and attempting to obstruct an official proceeding. Defendant appealed. The court concluded that the evidence was sufficient to prove that defendant...

Purdue Pharma, L. P. v. Commonwealth of Kentucky  
Date: January 9, 2013
Docket Number: 11-4087

Justia Opinion Summary: Kentucky commenced this action in Kentucky state court against Purdue, alleging that Purdue violated Kentucky law by misleading health care providers, consumers, and government officials regarding the risks of addiction...

Brodsky v. United States Nuclear Regulatory Commission  
Date: January 7, 2013
Docket Number: 11-2016

Justia Opinion Summary: The NRC granted Entergy an exemption from compliance with certain fire safety regulations at its Indian Point nuclear plant operating unit No. 3. Plaintiffs alleged that the NRC's award of the exemption to Entergy violat...

Gibbons v. Malone  
Date: January 7, 2013
Docket Number: 11-3620

Justia Opinion Summary: Plaintiff appealed the district court's dismissal of his complaint for failure to state a viable section 16(b) disgorgement claim pursuant to the Securities Exchange Act of 1934, 15 U.S.C. 78p(b). At issue was whether th...

Royal Sun Alliance Ins. PLC v. UPS Supply Chain Solutions, Inc.  
Date: January 7, 2013
Docket Number: 12-172

Justia Opinion Summary: Defendant appealed from the district court's holding that defendant was liable to plaintiff, contending that it was entitled to the benefit of a contractual limitation on liability contained in a contract between its sub...

Swartz, et al v. Insogna, et al  
Date: January 3, 2013
Docket Number: 11-2846

Justia Opinion Summary: Plaintiff and his wife appealed the district court's grant of summary judgment to defendants, two officers. The suit sought damages for the seizure of plaintiffs who were ordered to return to their automobile, a disorder...