2013 Second Circuit US Court of Appeals Case Law

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…

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…

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.…

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.…

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…

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…

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…

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…

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…

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…

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…

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.…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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,…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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).…

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…

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…

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…

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.…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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.…

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…

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.…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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.…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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,…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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.…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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,…

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…

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…

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…

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…

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),…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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.…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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.…

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…

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…

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…

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…

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:…

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…

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…

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…

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…

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.…

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…

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…

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…

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,…

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).…

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…

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…

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…

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,…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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),…

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…

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…

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,…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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,…

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…

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…

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…

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…

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…

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…

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…

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,…

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…

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…

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.…

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…

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…

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…

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…

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,…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…