2015 Second Circuit U.S. Court of Appeals Case Law

Mantena v. Johnson  
Date: December 30, 2015
Docket Number: 14-2476

Justia Opinion Summary: Plaintiff arrived in the United States on an H1-B visa and pursued employment-based status adjustment to permanent residency. Plaintiff's original petitioning employer filed an alien labor certification for her with the...

Statek Corp. v. Development Specialists, Inc.  
Date: December 29, 2015
Docket Number: 14-3688

Justia Opinion Summary: Statek appealed the district court's affirmance of the bankruptcy court's order, on remand, denying reconsideration. In denying Statekʹs latest motions for reconsideration, the bankruptcy courtʹs decisions relied on a pr...

Mangino v. Inc. Vill. of Patchogue  
Date: December 22, 2015
Docket Number: 14-3253

Justia Opinion Summary: Plaintiff appealed the district court's dismissal of his complaint against the Village and the Village Fire Marshal on plaintiff's retaliation and abuse-of-process claim. The court (1) affirmed the dismissal of plaintiff...

Milan v. Wertheimer  
Date: December 22, 2015
Docket Number: 14-3527

Justia Opinion Summary: Plaintiff filed suit for constitutional violations against her mother, two New York law guardians, a New York ACS employee, and a Pennsylvania caseworker after ACS removed plaintiff's children from her custody and placed...

NRDC v. EPA
Date: December 18, 2015
Docket Number: 13-1745
SEC v. Miller  
Date: December 18, 2015
Docket Number: 14-4261

Justia Opinion Summary: The SEC brought a civil enforcement proceeding against defendants and a jury subsequently found defendants liable for multiple claims of securities fraud. At issue is the district court's asset freeze order. The court he...

Maimonides Medical Center v. United States  
Date: December 18, 2015
Docket Number: 14-4279

Justia Opinion Summary: MMC and the government agreed that MMC is entitled to an overpayment refund and further agree on the amount of that overpayment, but disagree on the interest rate to be applied. MMC argues that, despite being organized a...

Jesner v. Arab Bank
Date: December 17, 2015
Docket Number: 13-3605
United States v. Spruill  
Date: December 16, 2015
Docket Number: 13-4069

Justia Opinion Summary: Defendant appealed his conviction for drug- and firearm-related crimes, arguing that the district court erred in dismissing a "holdout" juror for cause during the course of jury deliberations, in violation of United Stat...

United States v. Miller  
Date: December 16, 2015
Docket Number: 13-822

Justia Opinion Summary: Defendant appealed his conviction for one count of aiding and abetting the removal of a child from the United States with the intent to obstruct the lawful exercise of parental rights, in violation of the International P...

ANZ Securities v. Giddens  
Date: December 14, 2015
Docket Number: 14-3686

Justia Opinion Summary: This appeal concerns the proper application of Section 510(b) of the Bankruptcy Code in the Lehman bankruptcies. LBI, the debtor, was lead underwriter of unsecured notes issued by Lehman Holdings, its affiliates. After t...

Expressions Hair Design v. Schneiderman
Date: December 11, 2015
Docket Number: 13-4533
Turkmen v. Hasty
Date: December 11, 2015
Docket Number: 13-981
United States v. Thompson  
Date: December 9, 2015
Docket Number: 14-2267

Justia Opinion Summary: Defendant Thompson appealed his sentence for drug-related convictions. The court concluded that the district court cannot satisfy United States v. Dunnigan by simply adopting a PSR's conclusory statements that the defend...

Jesner v. Arab Bank  
Date: December 8, 2015
Docket Number: 13-3605

Justia Opinion Summary: Plaintiffs filed suit under the Anti-Terrorism Act (ATA), 18 U.S.C. 2333(a), the Alien Tort Statute Act (ATS), 28 U.S.C. 1350, and federal common law, seeking judgments against Arab Bank for allegedly financing and facil...

United States v. Litvak  
Date: December 8, 2015
Docket Number: 14-2902

Justia Opinion Summary: Defendant appealed his convictions stemming from his conduct as a securities broker and trader at a global securities broker-dealer and investment banking firm. The court concluded that there was an insufficient basis fo...

Biro v. Conde Nast  
Date: December 8, 2015
Docket Number: 14-3815

Justia Opinion Summary: Peter Paul Biro, a controversial figure known in the art world for using fingerprint analysis to authenticate art in an effort to insert a measure of objectivity into a previously subjective process, filed suit against t...

Espinoza v. Dimon
Date: December 3, 2015
Docket Number: 14-1754
United States v. Valle  
Date: December 3, 2015
Docket Number: 14-2710

Justia Opinion Summary: Defendant was convicted of one count of conspiracy to kidnap and one count of improperly accessing a computer in violation of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030. On appeal, the government challenged...

Tann v. Bennett  
Date: December 3, 2015
Docket Number: 14-4734

Justia Opinion Summary: Petitioner, a citizen of the United Kingdom who resides in Northern Ireland, appealed from the denial of her petition filed under the International Child Abduction Remedies Act (ICARA), 22 U.S.C. 9001 et seq. Respondents...

ALLCO Finance v. Klee
Date: December 1, 2015
Docket Number: 15-20
United States v. Lisyansky  
Date: November 30, 2015
Docket Number: 14-2355

Justia Opinion Summary: Defendant appealed his conviction and sentence for conspiracy to commit murder-for-hire and substantive murder-for-hire. The court joined the First, Eighth, and Ninth Circuits in affirming that the district court was cor...

Gemmink v. Jay Peak Inc.  
Date: November 30, 2015
Docket Number: 14-2725

Justia Opinion Summary: Plaintiff filed suit against Jay Peak to recover for injuries he claims were sustained as a result of Jay Peak's negligence. Plaintiff asserted that Jay Peak negligently permitted dangerous jumps on its ski trails and th...

United States v. Ryan  
Date: November 25, 2015
Docket Number: 11-4479

Justia Opinion Summary: Defendant plead guilty to one count of securities fraud. The district court sentenced defendant principally to a term of imprisonment of 121 months, which it incorporated into an amended judgment, from which defendant ha...

AHW Inv. P'ship v. Citigroup Inc.  
Date: November 25, 2015
Docket Number: 13-4488

Justia Opinion Summary: Plaintiffs appealed the dismissal of their amended complaint for failure to state a claim. Plaintiffs alleged that they suffered losses in excess of $800 million when they refrained from selling their shares of Citigroup...

Range v. 480-486 Broadway, LLC  
Date: November 24, 2015
Docket Number: 14-3987

Justia Opinion Summary: Plaintiff appealed the district court's order staying his action for, inter alia, injunctive relief under Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. 12182 et seq. Plaintiff's complaint alleged that...

Pasternack v. Laboratory Corporation of America Holdings, et al.
Date: November 23, 2015
Docket Number: 14-4101
The New York Times Co. v. US DOJ  
Date: November 23, 2015
Docket Number: 14-4432

Justia Opinion Summary: The NYTimes challenged the district court's decision and order regarding requests for disclosure of information pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552, related to targeted killings by the use of...

Keepers Inc. v. City of Milford  
Date: November 20, 2015
Docket Number: 14-1581

Justia Opinion Summary: Keepers appealed, and the City cross-appealed, from partial summary judgment awards. At issue are two questions related to Chapter 2.3 of Milford’s municipal code, which regulates “adult‐oriented establishments.” First,...

Chrysler v. Guiney  
Date: November 19, 2015
Docket Number: 14-1485

Justia Opinion Summary: Petitioner, convicted of murder and drug possession, appealed the denial of his petition for habeas relief, alleging a claim of ineffective assistance of counsel. Petitioner alleged that counsel was ineffective because h...

Breecher v. Republic of Argentina
Date: November 18, 2015
Docket Number: 14-4385
Pasternack v. Laboratory Corporation  
Date: November 17, 2015
Docket Number: 14-4101

Justia Opinion Summary: Plaintiff, a physician and airplane pilot, filed suit contending that LabCorp and other drug testing companies, engaged to administer a random drug test in accordance with federal regulations governing aviation safety, m...

Benzemann v. Citibank  
Date: November 16, 2015
Docket Number: 14-2668

Justia Opinion Summary: Plaintiff appealed the district court's dismissal of his claim under the Fair Debt Collections Practices Act (FDCPA), 15 U.S.C. 1692k, as untimely. The court concluded that the district court erred in finding that the FD...

Deutsche Bank Nat'l v. Quicken Loans  
Date: November 16, 2015
Docket Number: 14-3373

Justia Opinion Summary: The FHFA filed a summons with notice in state court asserting breach of contractual obligations to repurchase mortgage loans that violated representations and warranties and then Quicken removed the action to federal cou...

Sergeants Benevolent Ass'n v. Sanofi-Aventis US  
Date: November 13, 2015
Docket Number: 14-2318

Justia Opinion Summary: Plaintiffs, three health-benefit plans (HBPs), filed suit under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961 et seq., and state laws, claiming that Aventis engaged in a pattern of mail fr...

Kazolias v. IBEW  
Date: November 12, 2015
Docket Number: 13-4566

Justia Opinion Summary: Plaintiffs, members of an electrical union, appealed the dismissal of their claims against their union. Plaintiff alleged age discrimination in violation of the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S...

United States v. Messina  
Date: November 12, 2015
Docket Number: 14-1219

Justia Opinion Summary: Defendant appealed his conviction of one count of racketeering conspiracy as an associate of the Bonanno crime family within the charged enterprise of La Cosa Nostra. The court held that defendant's below‐Guidelines 18‐y...

Martinez v. Superintendent of Eastern Correctional Facility
Date: November 12, 2015
Docket Number: 14-1513
Falco v. Justices of the Matrimonial Parts of the Sup. Ct. of Suffolk Cnty.  
Date: November 12, 2015
Docket Number: 15-863

Justia Opinion Summary: Plaintiff filed for divorce against his wife and sought custody of their two children. During the divorce proceedings, plaintiff filed suit against justices of the Matrimonial Parts of the Supreme Court, Suffolk County,...

Martinez v. Superintendent of Eastern Correctional Facility  
Date: November 10, 2015
Docket Number: 14-1513

Justia Opinion Summary: Petitioner appealed the district court's denial of his petition for writ of habeas corpus, challenging his 2007 New York state conviction for charges including murder in the second degree. Petitioner failed to file his p...

Schaeffler v. United States  
Date: November 10, 2015
Docket Number: 14-1965

Justia Opinion Summary: Appellants challenged the magistrate judge's order denying a petition to quash an IRS summons. The court concluded that: (i) the attorney-client privilege was not waived by appellants’ provision of documents to a consort...

Lesterhuis v. Colvin  
Date: November 6, 2015
Docket Number: 14-3779

Justia Opinion Summary: Plaintiff appealed the denial of social security disability benefits, alleging that the Appeals Council erred by failing to provide an explanation for why it disregarded the treating physician’s opinion and that the ALJ’...

ALLCO v. Klee  
Date: November 6, 2015
Docket Number: 15-20

Justia Opinion Summary: Plaintiff filed suit against the Commissioner, alleging that the Commissioner's actions, which were taken pursuant to section 6 of Connecticut Public Act 13‐303 and include his awarding two power purchase agreements to I...

Uzoukwu v. Krawiecki  
Date: November 5, 2015
Docket Number: 13-3483

Justia Opinion Summary: Defendant appealed the dismissal of his claims for false arrest and excessive force under 42 U.S.C. 1983. Halfway through deliberations, the jury sent a note asking whether “refusal to acknowledge/respond to police quest...

Gomez v. City of New York  
Date: November 5, 2015
Docket Number: 14-3583

Justia Opinion Summary: Counsel for plaintiff signed a stipulation dismissing most of plaintiff's claims against defendant. Plaintiff then filed a pro se motion and attached a letter asking the district court to reopen his case because his atto...

Atterbury v. U.S. Marshals Service  
Date: November 3, 2015
Docket Number: 14-2805

Justia Opinion Summary: Plaintiff filed suit against defendants, alleging violation of his due process rights and that defendants acted arbitrarily and capriciously by terminating his employment. The district court dismissed his complaint for f...

Thea v. Kleinhandler  
Date: November 3, 2015
Docket Number: 14-3201

Justia Opinion Summary: Plaintiffs filed suit against defendants, contending that they were entitled to Frederica Thea's Trust's assets and seeking declaratory and equitable relief. On appeal, plaintiffs challenged the district court's denial o...

Morales-Santana v. Lynch
Date: October 30, 2015
Docket Number: 11-1252
Keeling v. Hars  
Date: October 30, 2015
Docket Number: 13-694

Justia Opinion Summary: Plaintiff, the author of "Point Break Live!", filed suit against defendants, asserting claims for copyright infringement, breach of contract, and tortious interference with contract. At issue on appeal was whether an una...

Franklin v. McHugh  
Date: October 30, 2015
Docket Number: 14-4096

Justia Opinion Summary: Plaintiff filed suit in district court seeking correction of his military records, a retroactive promotion, and back pay. Plaintiff subsequently appealed the dismissal of his complaint for lack of subject matter jurisdic...

ACLU v. Clapper
Date: October 29, 2015
Docket Number: 14-42
Ya-Chen Chen v. City University of New York  
Date: October 28, 2015
Docket Number: 14-1469

Justia Opinion Summary: Plaintiff filed suit against defendants, alleging that CUNY violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000‐e et seq., and that the individual defendants violated the Equal Protection Clause and the Ne...

Lora v. Shanahan  
Date: October 28, 2015
Docket Number: 14-2343

Justia Opinion Summary: Petitioner, a lawful permanent resident (LPR), and citizen of the Dominican Republic, was convicted of drug related offenses, sentenced to probation, and taken into custody by ICE agents pursuant to 8 U.S.C. 1226(c). Pet...

Weitzner v. Cynosure, Inc.
Date: October 27, 2015
Docket Number: 14-723
United States v. Binday  
Date: October 26, 2015
Docket Numbers: 14-2809, 14-2832, 14-2873

Justia Opinion Summary: Defendants Binday, Kergil, and Resnick, insurance brokers, appealed their convictions stemming from their involvement in an insurance fraud scheme where they induced insurers to issue life insurance policies that defenda...

Shamir v. City of New York  
Date: October 22, 2015
Docket Number: 14-3606

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, alleging claims of false arrest, retaliatory arrest, and use of excessive force. The district court dismissed the complaint. The court concluded that the complaint was properly...

United Brotherhood of Carpenters v. Tappan Zee Constructors, LLC  
Date: October 20, 2015
Docket Number: 15-1002

Justia Opinion Summary: This appeal stemmed from the disputed assignment of certain construction work on the Tappan Zee Hudson River Crossing Project. UBC appealed the district court's conclusion that a May 4th arbitration award was not final a...

The Anderson Group v. City of Saratoga Springs  
Date: October 19, 2015
Docket Number: 12-3775

Justia Opinion Summary: TAG filed suit against the City, arguing that the City's zoning policies perpetuated racial segregation and had a disparate impact, thus violating the Fair Housing Act, 42 U.S.C. 3604. In 2010, a jury returned a verdict...

Davis v. N.Y.C. Dep’t of Edu.  
Date: October 19, 2015
Docket Number: 14-1034

Justia Opinion Summary: Plaintiff filed suit against her employer, alleging a claim of discrimination under the Americans with Disabilities Act (ADA), 42 U.S.C. 12112-12117, and seeking damages. Plaintiff's claim is based on her employer’s deci...

Ahmed v. Lynch  
Date: October 19, 2015
Docket Number: 14-1396

Justia Opinion Summary: Petitioner, a native and citizen of Yemen, seeks review of the BIA's decision affirming the IJ's finding of removeability based on procurement of admission through fraud and denial of petitioner's request for a waiver of...

New York State Rifle & Pistol Ass’n v. Cuomo  
Date: October 19, 2015
Docket Numbers: 14-36, 14-319

Justia Opinion Summary: These two appeals challenge gun-control legislation prohibiting the possession of certain semiautomatic “assault weapons” and large‐capacity magazines. The district courts granted summary judgment in favor of defendants....

Authors Guild v. Google, Inc.  
Date: October 16, 2015
Docket Number: 13-4829

Justia Opinion Summary: Plaintiffs, authors of published books under copyright, filed suit against Google for copyright infringement. Google, acting without permission of rights holders, has made digital copies of tens of millions of books, inc...

Cole-Hoover v. Dept. of Corrections
Date: October 15, 2015
Docket Number: 15-1986
Cadle Co. v. Fletcher  
Date: October 14, 2015
Docket Number: 14-3404

Justia Opinion Summary: Plaintiff, a judgment creditor of defendant, filed suit alleging three claims under the Connecticut Uniform Fraudulent Transfer Act, Conn. Gen. Stat. 52‐552a et seq. Both parties moved for partial summary judgment and th...

Cole-Hoover v. Dept. of Corrections  
Date: October 14, 2015
Docket Number: 15-1986

Justia Opinion Summary: Plaintiff filed an employment discrimination suit against the Department and others. While the litigation was pending, plaintiff was represented by non-party appellees, whose motion is before the court. Appellees withdre...

Baldwin v. EMI Feist Catalog, Inc.  
Date: October 8, 2015
Docket Number: 14-182

Justia Opinion Summary: This appeal involves a dispute over the copyright in the musical composition “Santa Claus is Comin’ to Town." Plaintiffs filed suit seeking a declaration that either a notice of termination served on EMI in 2007 or anoth...

Dean v. Univ. at Buffalo Sch. of Medicine and Biomedical Sciences  
Date: October 6, 2015
Docket Number: 14-1546

Justia Opinion Summary: Plaintiff filed suit against defendants, alleging claims under, inter alia, Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12132; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794; and 42 U.S...

NRDC v. EPA  
Date: October 5, 2015
Docket Number: 13-1745

Justia Opinion Summary: Petitioners seek review of a Vessel General Permit (VGP) issued by EPA to regulate the discharge of ballast water from ships under section 402(a) of the Clean Water Act (CWA), 33 U.S.C. 1342(a). The court concluded that...

Smith v. Fischer  
Date: October 5, 2015
Docket Number: 14-3857

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, alleging that prison officials violated his procedural due process rights in connection with a disciplinary hearing. Plaintiff moves for appointment of counsel in his appeal fro...

Galper v. JP Morgan Chase Bank, N.A.  
Date: September 30, 2015
Docket Number: 14-867

Justia Opinion Summary: Plaintiff filed suit alleging that she was the victim of an identity theft scheme perpetrated by employees of Chase, and seeks to hold Chase liable for this identity theft under the New York Fair Credit Reporting Act, N....

Expressions Hair Design v. Schneiderman  
Date: September 29, 2015
Docket Number: 13-4533

Justia Opinion Summary: Plaintiffs filed suit claiming that New York General Business Law Section 518 violates the First Amendment’s Free Speech Clause and is void for vagueness under the Fourteenth Amendment’s Due Process Clause. Section 518 p...

United States v. Levy  
Date: September 29, 2015
Docket Number: 14-338

Justia Opinion Summary: Defendant was convicted of charges of securities fraud and conspiracy to commit securities fraud and wire fraud. At issue was whether United States Customs officers at an international airport may lawfully and without a...

City of Westchester v. HUD  
Date: September 25, 2015
Docket Number: 15-2294

Justia Opinion Summary: This appeal stems from a decade-long dispute over whether the County has adequately analyzed - in its applications for HUD funds - impediments to fair housing within the County’s jurisdictions. The County challenges fina...

Harrison v. Republic of Sudan  
Date: September 23, 2015
Docket Number: 14-121

Justia Opinion Summary: Plaintiffs, injured sailors and their spouses, filed suit under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1330, 1602 et seq., alleging that al Qaeda was responsible for the attack of the U.S.S. Cole and that...

Segarra v. Federal Reserve Bank of N.Y.  
Date: September 23, 2015
Docket Number: 14-1714

Justia Opinion Summary: Plaintiff filed a whistleblower action against FRBNY, her former employer, and three of its employees. The district court dismissed the suit and determined, inter alia, that palintiff could not maintain claims against th...

Knife Rights, Inc. v. Vance  
Date: September 22, 2015
Docket Number: 13-4840

Justia Opinion Summary: Plaintiffs filed suit under 42 U.S.C. 1983, seeking declaratory and injunctive relief and alleging that the New York law criminalizing the possession of “gravity knives,” N.Y. Penal Law 265.00(5), 265.01(1), is unconstit...

Holick v. Cellular Sales of New York, LLC  
Date: September 22, 2015
Docket Number: 14-4323

Justia Opinion Summary: Plaintiffs filed a putative class action suit against defendants under state and federal labor laws, alleging that they were unlawfully denied various forms of compensation and benefits because defendants improperly clas...

Rai v. WB Imico Lexington Fee  
Date: September 21, 2015
Docket Number: 14-1916

Justia Opinion Summary: Plaintiffs filed suit against Imico alleging that it failed to comply with disclosure provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1701 et seq., in connection with plaintiffs' attempt to purchas...

Greek v. Colvin  
Date: September 21, 2015
Docket Number: 14-3799

Justia Opinion Summary: Plaintiff appealed the denial of his application for Social Security disability benefits (SSI). The district court granted defendant's motion for judgment on the pleadings. The court concluded, however, that the ALJ erre...

World Trade Center Properties LLC v. American Airlines  
Date: September 17, 2015
Docket Number: 13-3619

Justia Opinion Summary: Plaintiffs filed suit against a group of airlines and security contractors seeking to recover losses after the September 11, 2001 terrorist attacks. Plaintiffs alleged that, because defendants were negligent in overseein...

Beaulieu v. State of Vermont  
Date: September 16, 2015
Docket Number: 13-4198

Justia Opinion Summary: Plaintiffs, current and former employees of the State of Vermont, filed suit against the State, alleging violations of the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq. Plaintiffs first filed suit in state court...

Orlander v. Staples, Inc.  
Date: September 16, 2015
Docket Number: 14-2677

Justia Opinion Summary: Plaintiff appealed the district court's dismissal of his claims against Staples for breach of contract and for violations of New York General Business Law (N.Y. G.B.L.) Sections 349 and 350 for failure to state a claim....

Brecher v. Republic of Argentina  
Date: September 16, 2015
Docket Number: 14-4385

Justia Opinion Summary: This case arose after the Republic of Argentina defaulted on sovereign debt in 2001 and numerous bondholders, including plaintiff, filed a class action suit. In this appeal, Argentina challenged the district court's gran...

Weitzner v. Cynosure, Inc.  
Date: September 16, 2015
Docket Number: 14-723

Justia Opinion Summary: Plaintiffs appealed the district court's dismissal of their complaint under the Telephone Consumer Protection Act, 47 U.S.C. 227, for failure to file a timely appeal because of plaintiffs' compliance with an individual c...

Citizens Against Casino Gambling in Erie Cnty. v. Chaudhuri  
Date: September 15, 2015
Docket Number: 11-5171

Justia Opinion Summary: Plaintiffs filed suit against the Gaming Commission and others, alleging that the Commission did not act in accordance with federal law in approving an ordinance and subsequent amendments to that ordinance that permitted...

United States v. Gundy  
Date: September 14, 2015
Docket Number: 13-3679

Justia Opinion Summary: The Government appealed the district court's dismissal of an indictment against defendant and denial of its motion for reconsideration. Defendant was indicted for violation of the Sex Offender Registration and Notificati...

Morse v. Fusto  
Date: September 11, 2015
Docket Number: 13-4074

Justia Opinion Summary: Plaintiff filed suit against defendants, a former prosecutor and a former audit-investigator, alleging that defendants deprived him of his constitutional right to a fair trial by intentionally manipulating the informatio...

Fulton v. Graham  
Date: September 11, 2015
Docket Number: 14-1861

Justia Opinion Summary: Petitioner, convicted of burglary charges, appealed the district court's judgment adopting the Report and Recommendation of a magistrate judge denying his habeas corpus petition under 28 U.S.C. 2254. The court agreed wit...

Salmon v. Blesser  
Date: September 10, 2015
Docket Number: 14-1993

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 and New York state law, against the City, the Police Department, and two Police Department employees, alleging constitutional and tortious injuries resulting from the use of phys...

United States v. Bert  
Date: September 10, 2015
Docket Number: 14-2428

Justia Opinion Summary: Defendant appealed his conviction of possessing a firearm with an obliterated serial number and being a felon in possession of a firearm. The court concluded that the Speedy Trial Act, 18 U.S.C. 3162(a)(2), was violated...

Berman v. Neo@Ogilvy LLC  
Date: September 10, 2015
Docket Number: 14-4626

Justia Opinion Summary: Plaintiff appealed the district court's summary judgment dismissal of his suit against defendants. At issue is the whistleblower protection provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub...

EEOC v. Sterling Jewelers, Inc.  
Date: September 9, 2015
Docket Number: 14-1782

Justia Opinion Summary: The EEOC filed suit against Sterling under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., alleging that Sterling engaged in a nationwide practice of sex‐ based pay and promotion discrimination. The m...

Bank of N.Y. Mellon v. Commissioner  
Date: September 9, 2015
Docket Number: 14-704

Justia Opinion Summary: In these appeals and cross-appeals, the taxpayers claim they are entitled to tax credits associated with foreign transactions that the government disallowed because it contends the transactions lacked economic substance....

United States v. Diaz  
Date: September 8, 2015
Docket Number: 14-2505

Justia Opinion Summary: The government appealed the district court's grant of defendants' motions to suppress evidence obtained after the stop and search of their vehicle on an interstate highway. The district court determined that the police o...

Vera v. Republic of Cuba  
Date: September 8, 2015
Docket Number: 14-3743

Justia Opinion Summary: BBVA, a Spanish bank, appealed from the district court's orders directing BBVA, a third-party defendant, to comply with an information subpoena issued in connection with plaintiff Aldo Vera, Jr.’s attempt to enforce a $4...

NAF Holdings, LLC v. Li & Fung (Trading) Ltd.
Date: September 4, 2015
Docket Number: 13-830
Cortes v. MTA New York City Transit  
Date: September 4, 2015
Docket Number: 14-713

Justia Opinion Summary: Plaintiff filed suit against MTA, alleging claims under the Americans with Disabilities Act (ADA), 42 U.S.C. 12112-12117. On appeal, plaintiff challenged the district court's grant of summary judgment to MTA and its dism...

Gonzalez v. Hasty  
Date: September 3, 2015
Docket Number: 13-2844

Justia Opinion Summary: Plaintiff appealed from the district court's dismissal of his claims stemming from his confinement in the Special Housing Unit of the Metropolitan Correctional Center in Manhattan, and then the Special Housing Unit of th...

Vega v. Hempstead Union Free Sch. Dist.  
Date: September 2, 2015
Docket Number: 14-2265

Justia Opinion Summary: Plaintiff, a high school math teacher, filed suit against the District, alleging claims of discrimination and retaliation under Title VII of the Civil Rights Act, 42 U.S.C. 2000e et seq., and 42 U.S.C. 1983 against two p...

EM Ltd. v. Banco Central de la Republica Argentina  
Date: August 31, 2015
Docket Number: 13-3819

Justia Opinion Summary: Plaintiffs, owner of Fiscal Agency Agreement (FAA) bonds that were not restructured, filed suit against BCRA seeking to recover their unpaid principal and interest. The district court held that the FAA's express waiver o...

Willey v. Kirkpatrick  
Date: August 28, 2015
Docket Number: 13-699

Justia Opinion Summary: Plaintiff filed suit pro se under 42 U.S.C. 1983, against several corrections officers and supervisors at a New York corrections facility, alleging that, while he was incarcerated, he endured a cruel campaign of harassme...

Cash & Henderson Drugs v. Johnson & Johnson  
Date: August 27, 2015
Docket Number: 12-4689

Justia Opinion Summary: Plaintiffs, a group of 28 retail pharmacies, filed suit against defendants, primarily pharmaceutical manufacturers, alleging claims for money damages and injunctive relief under subsections 2(a), 2(d), and 2(f) of the Ro...

United States v. Robinson  
Date: August 26, 2015
Docket Number: 14-809

Justia Opinion Summary: Defendant appealed his conviction and sentence after pleading guilty to aiding and abetting: carjacking, in violation of 18 U.S.C. 2119; and the brandishing of a firearm during a crime of violence, i.e., the carjacking,...

United States v. Rivera  
Date: August 25, 2015
Docket Number: 13-2722

Justia Opinion Summary: Defendants appealed their convictions for sex trafficking, forced labor, and alien harboring and transportation charges. The court held that the district court's exclusion of evidence of the victims’ other sexual behavio...

N.Y. State Psychiatric Ass’n v. UnitedHealth Grp.  
Date: August 20, 2015
Docket Number: 14-20

Justia Opinion Summary: Plaintiffs filed suit against United, claiming that United had violated its fiduciary duties under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1132(a)(1)(B), (a)(3), and the terms of ERSIA-governed hea...

Certain Funds v. KPMG LLP  
Date: August 20, 2015
Docket Number: 14-2838

Justia Opinion Summary: Plaintiffs, investment funds, filed suit seeking, by ex parte application, to discover certain documents from the defendant American and international accounting firms relating to audits conducted by their Middle Eastern...

Beardslee v. Inflection Energy, LLC
Date: August 19, 2015
Docket Number: 12-4897
United States v. Veliz  
Date: August 19, 2015
Docket Number: 13-914

Justia Opinion Summary: Defendants, Narcisa Veliz Novack and her brother Cristobal Veliz, appealed from convictions of numerous offenses related to defendants' participation in an association-in-fact Racketeer Influenced and Corrupt Organizatio...

Brown v. City of New York  
Date: August 19, 2015
Docket Number: 14-2611

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against New York City and NYPD officers, alleging claims for false arrest and use of excessive force in violation of the Fourth Amendment, and retaliation in violation of the Fi...

United States v. Cohan  
Date: August 14, 2015
Docket Number: 14-127

Justia Opinion Summary: Defendant, convicted of healthcare fraud and aggravated identity theft, appealed the district court's orders granting the government writs of garnishment directing that certain monies owned by defendant, but in the contr...

Chen v. Major League Baseball Properties, Inc.  
Date: August 14, 2015
Docket Number: 14-1315

Justia Opinion Summary: Plaintiff filed suit under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., against defendants, alleging that he worked without pay as a volunteer for FanFest, a five‐day “interactive baseball theme park” orga...

Espinoza v. Dimon
Date: August 12, 2015
Docket Number: 14-1754
Hart v. FCI Lender Serv.  
Date: August 12, 2015
Docket Number: 14-191

Justia Opinion Summary: Plaintiff filed suit under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq., against FCI, his mortgage loan servicer and a debt collector, alleging that FCI violated the FDCPA by sending him two wri...

Crawford v. Cuomo  
Date: August 11, 2015
Docket Number: 14-969

Justia Opinion Summary: Plaintiffs, current and former inmates of the Eastern Correctional Facility, filed suit alleging that a corrections officer sexually abused them and thus subjected them to cruel and unusual punishment. The district court...

Rogoz v. City of Hartford  
Date: August 10, 2015
Docket Number: 14-0876

Justia Opinion Summary: Plaintiff filed suit against the City, individual detectives and officers, and the City's Chief of Police, under 42 U.S.C. 1983, after plaintiff's rib was broken and his spine was broken in two places. The court conclude...

United States v. Cosme  
Date: August 10, 2015
Docket Number: 14-1625

Justia Opinion Summary: Defendant challenged the government's restraint of his property, including his cars and two bank accounts, during his prosecution on wire fraud charges. The court found merit in defendant's claim that his Fourth Amendmen...

Puricelli v. Republic of Argentina  
Date: August 10, 2015
Docket Number: 14-2104

Justia Opinion Summary: This appeal stems from actions filed by holders of Argentina's bonds after the Republic of Argentina defaulted on sovereign debt. After previous panels of this court twice vacated aggregate judgments entered by the distr...

Starkey v. G Adventures, Inc.  
Date: August 7, 2015
Docket Number: 14-1361

Justia Opinion Summary: Plaintiff filed suit against defendant, a travel company with which she booked a vacation tour, alleging negligence after one of defendant's employees sexually assaulted her during the trip. At issue was whether a hyperl...

Cheeks v. Freeport Pancake House, Inc.  
Date: August 7, 2015
Docket Number: 14-299

Justia Opinion Summary: Plaintiff appealed from the district court's refusal to enter the parties' stipulation of settlement dismissing, with prejudice, plaintiff's claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. 216(c), and New Yor...

Catholic Health Care Sys. v. Burwell  
Date: August 7, 2015
Docket Number: 14-427

Justia Opinion Summary: Plaintiffs, a group of religious non-profit organizations affiliated with the Roman Catholic Archdiocese, filed suit challenging regulations promulgated under the Patient Protection and Affordable Care Act of 2010, Pub....

Eric M. Berman, P.C., et al. v. City of New York, et al.
Date: August 5, 2015
Docket Number: 13-598
United States v. Gioeli  
Date: August 5, 2015
Docket Number: 14-903

Justia Opinion Summary: Defendants Gioeli and Saracino appealed from convictions of crimes committed as members of the Colombo crime family. On appeal, Gioeli argued that: (1) his guilty verdict was not supported by sufficient evidence; (2) the...

Davis v. Velez  
Date: August 4, 2015
Docket Number: 14-1826

Justia Opinion Summary: Plaintiff filed suit against defendants under 42 U.S.C. 1983 for false arrest, malicious prosecution, and denial of a fair trial. Defendants Velez and Lukeson, officers of the NYPD, and Defendant Calhoun, an NYPD sergean...

Sewell v. Bernardin  
Date: August 4, 2015
Docket Number: 14-3143

Justia Opinion Summary: Plaintiff filed suit under the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, and the Stored Communications Act (SCA), 18 U.S.C. 2701 et seq., alleging that defendant, her former boyfriend, had gained access to her...

Am. Trucking Ass'n v. N.Y. State Thruway Auth.  
Date: August 4, 2015
Docket Number: 14-3348

Justia Opinion Summary: Plaintiffs are commercial trucking companies, their national trade association, and a putative class of commercial truckers. Plaintiff filed suit against the Thruway Authority under 42 U.S.C. 1983, alleging that the Thru...

City of Concord, N.H. v. Northern New England Telephone Operations  
Date: August 4, 2015
Docket Number: 14-3381

Justia Opinion Summary: The City filed timely proofs of claim for property taxes owed by a Chapter 11 debtor with respect to quarters of the 2009 tax year that had been billed pre‐petition, but did not file proofs of claim with respect to prope...

Littlejohn v. City of New York  
Date: August 3, 2015
Docket Number: 14-1395

Justia Opinion Summary: Plaintiff filed suit against the City and three supervisors at ACS under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and 42 U.S.C. 1981 and 1983, alleging that she was subjected to a hostile work...

Munn v. Hotchkiss Sch.  
Date: August 3, 2015
Docket Number: 14-2410

Justia Opinion Summary: Plaintiff and her parents filed suit against the Hotchkiss School after plaintiff contracted tick-borne encephalitis on a school-organized trip to China. The jury found the school negligent and awarded plaintiff $41.5 mi...

Burgis v. New York City Dep’t of Sanitation  
Date: July 31, 2015
Docket Number: 14-1640

Justia Opinion Summary: Plaintiffs, individuals employed by the DSNY, filed a putative class action under the Fourteenth Amendment Equal Protection Clause; 42 U.S.C. 1981; Title VII, 42 U.S.C. 2000e; and New York State and City human rights law...

Gortat v. Capala Bros.  
Date: July 29, 2015
Docket Number: 14-3304

Justia Opinion Summary: Plaintiffs filed suit against defendants under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., and the New York labor Law (NYLL). After plaintiffs prevailed, the district court awarded plaintiffs' counsel $51...

Katz v. Cellco P'ship  
Date: July 28, 2015
Docket Number: 14-138

Justia Opinion Summary: After the district court found plaintiff's state law claims against Verizon to be arbitrable, the district court compelled arbitration but denied Verizon's request to stay proceedings. The court held, however, that the t...

Mottahedeh v. United States  
Date: July 28, 2015
Docket Number: 14-3267

Justia Opinion Summary: Plaintiff filed a complaint against the United States under 26 U.S.C. 7426, seeking a judgment of $2,915,000 in compensation for an alleged wrongful levy by the IRS. The district court granted the government's motion to...

Balintulo v. Ford Motor Co.  
Date: July 27, 2015
Docket Number: 14-4104

Justia Opinion Summary: Plaintiffs filed suit under the Alien Tort Statute (ATS), 28 U.S.C. 1350, against various corporations for allegedly aiding and abetting crimes committed during apartheid by the South African government against South Afr...

United States v. Romano  
Date: July 27, 2015
Docket Number: 14-858

Justia Opinion Summary: Defendants appealed from judgments following a jury trial convicting them of conspiracy to commit mail and wire fraud in connection with the sale of coins and conspiracy to engage in money laundering. The court concluded...

Loreley Financing (Jersey) No. 3 v. Wells Fargo Securities, LLC  
Date: July 24, 2015
Docket Number: 13-1476

Justia Opinion Summary: Plaintiffs, special-purpose investment entities, filed suit in New York state court against defendants, several parties responsible for structuring, offering, and managing collateralized debt obligations (CDOs). Plaintif...

In re Facebook, Inc. IPO Derivative Litig.  
Date: July 24, 2015
Docket Number: 14-1445

Justia Opinion Summary: Plaintiffs appealed the dismissal of their putative shareholder derivative actions against Facebook and its directors and lead underwriters. Plaintiffs alleged that Facebook’s directors breached duties owed to the compan...

Employees' Retirement System v. Green Mountain Coffee Roasters  
Date: July 24, 2015
Docket Number: 14-199

Justia Opinion Summary: Plaintiffs, purchasers of Green Mountain common stock, filed a putative securities class action, alleging that Green Mountain and some of its executives made fraudulent misrepresentations about Green Mountainʹs inventory...

Tsirelman v. Daines  
Date: July 24, 2015
Docket Number: 14-2154

Justia Opinion Summary: Plaintiff appealed the revocation of his medical license, challenging New York's use of the preponderance-of-the-evidence standard in revocation proceedings as violating the Due Process Clause. The court affirmed the dis...

Laurent v. PricewaterhouseCoopers LLP  
Date: July 23, 2015
Docket Number: 14-1179

Justia Opinion Summary: Plaintiffs, former employees of PwC, filed suit under the Employee Retirement Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq., alleging that PwC's retirement plan deprived them of so-called "whipsaw payments," which...

United States ex rel. Keshner v. Nursing Personnel Home Care  
Date: July 23, 2015
Docket Number: 14-251

Justia Opinion Summary: Nursing Personnel appealed the district court's partial judgment awarding plaintiff $185,962.12 in attorneys' fees under the attorneys' fees provision of the False Claims Act (FCA), 31 U.S.C. 3730(d)(1). Nursing Personne...

Dolan v. Connolly  
Date: July 23, 2015
Docket Number: 14-2561

Justia Opinion Summary: Plaintiff filed suit alleging that defendants violated 42 U.S.C. 1983 and 1985(3) by retaliating against him for exercising his First Amendment right as a member of the Inmate Liaison Committee (ILC) at a correctional fa...

Lola v. Skadden, Arps, Slate, Meagher & Flom  
Date: July 23, 2015
Docket Number: 14-3845

Justia Opinion Summary: Plaintiff, on behalf of himself and others similarly situated, appealed the district court's dismissal of his putative collection action seeking damages from defendants for violations of the overtime provision of the Fai...

Smith v. Hogan  
Date: July 22, 2015
Docket Number: 11-4276

Justia Opinion Summary: Plaintiff appealed the district court's dismissal of his complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The court affirmed the dismissal of plaintiff's wrongful termination claims because the cou...

Rothstein v. Balboa Ins. Co.  
Date: July 22, 2015
Docket Number: 14-2250

Justia Opinion Summary: Plaintiffs, borrowers who failed to purchase hazard insurance on their mortgaged properties, as required by the terms of their loan agreements, filed suit alleging that they were fraudulently overbilled. Plaintiffs' loan...

United States v. Aldeen
Date: July 22, 2015
Docket Number: 14-2706
Davis v. Bombardier Transp. Holdings  
Date: July 22, 2015
Docket Number: 14-289

Justia Opinion Summary: In 2002, knowing that Plaintiff‐Appellant Natasha Davis was a Type I diabetic, Defendant‐Appellee Bombardier Transportation Holdings (USA) Inc. hired her as a Customer Service Agent (later renaming the position as an Air...

Carranza v. United States  
Date: July 21, 2015
Docket Number: 12-334

Justia Opinion Summary: Petitioner pled guilty to one count of conspiracy to distribute cocaine in 2009 and was sentenced to 151 months' imprisonment. Petitioner seeks leave to file a successive 28 U.S.C. 2255 motion raising claims of ineffecti...

Beauvoir v. Israel  
Date: July 21, 2015
Docket Number: 14-3794

Justia Opinion Summary: Plaintiffs filed a putative class action suit against defendant, an attorney representing National Grid, a company providing natural gas to plaintiffs' home. Plaintiffs alleged that defendant's debt collection practices...

Okun v. Montefiore Medical Center  
Date: July 17, 2015
Docket Number: 13-3928

Justia Opinion Summary: Plaintiff, a physician, filed suit alleging that his employer Montefiore denied him severance benefits in violation of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq. The district cour...

Sensational Smiles, LLC v. Mullen, Dr.  
Date: July 17, 2015
Docket Number: 14-1381

Justia Opinion Summary: Plaintiffs filed suit challenging the constitutionality of a Connecticut rule restricting the use of certain teeth‐whitening procedures to licensed dentists. Specifically, the rule stated that only a licensed dentist cou...

Mees v. Buiter  
Date: July 17, 2015
Docket Number: 14-1866

Justia Opinion Summary: Applicant appealed the district court's denial of her application to compel discovery from respondent under 28 U.S.C. 1782. Applicant sought discovery from respondent to plead and to prove a contemplated defamation suit...

Baez v. JetBlue Airways Corp.  
Date: July 16, 2015
Docket Number: 14-2754

Justia Opinion Summary: Plaintiff filed suit against JetBlue and its former employee, alleging federal and state law claims. Plaintiff's claims arose out of an encounter at JFK airport in which plaintiff was reported for making an alleged bomb...

M.O. v. N.Y.C. Dep't of Educ.  
Date: July 15, 2015
Docket Number: 14-1473

Justia Opinion Summary: Plaintiffs filed a reimbursement action for a unilateral private placement under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq., challenging the adequacy of the public school proposed by t...

Nappi v. Yelich  
Date: July 15, 2015
Docket Number: 14-2201

Justia Opinion Summary: Petitioner, convicted of criminal possession of a weapon, appealed the denial of his petition for a writ of habeas corpus under 28 U.S.C. 2254. The district court issued a certificate of appealability on the issue of whe...

Henry L. Rojas, M.D. v. Cigna Health and Life Ins. Co.  
Date: July 15, 2015
Docket Number: 14-3455

Justia Opinion Summary: Plaintiffs, physicians, filed suit against Cigna alleging that Cigna violated the anti-retaliation provisions of ERISA. Plaintiffs moved for a temporary restraining order and preliminary injunction to prohibit Cigna from...

Simpson v. City of New York  
Date: July 15, 2015
Docket Number: 14-680

Justia Opinion Summary: Plaintiff filed suit against a police officer under 42 U.S.C. 1983 and New York State law for false arrest. The officer arrested plaintiff for theft of services after she rebuffed his flirtatious advances, entered the ba...

Crest One SpA v. TPG Troy  
Date: July 14, 2015
Docket Number: 14-1010

Justia Opinion Summary: The Creditors filed suit to recover losses incurred when subsidiaries of Hellas defaulted on notes valued at 1.3 billion euros. On appeal, the Creditors challenged the district court's affirmance of the bankruptcy court...

United States v. Singletary  
Date: July 14, 2015
Docket Number: 14-3243

Justia Opinion Summary: The United States appealed the district court's order suppressing drugs and a firearm seized incident to defendant's arrest. The court concluded as a matter of law that the officers’ observations of defendant walking dow...

United States v. Thompson  
Date: July 13, 2015
Docket Number: 14-2631

Justia Opinion Summary: Defendant, convicted of access device fraud, appealed from the district court's judgment sentencing him to pay restitution both to his victims and to third-party providers of compensation for losses arising from his frau...

Morales-Santana v. Lynch  
Date: July 8, 2015
Docket Number: 11-1252

Justia Opinion Summary: Petitioner sought review of the BIA's denial of his motion to reopen removal proceedings relating to his claim of derivative citizenship. Under the statute in effect when petitioner was born - the Immigration and Nationa...

Briggs v. Bremby  
Date: July 6, 2015
Docket Number: 14-1328

Justia Opinion Summary: Plaintiffs filed suit under 42 U.S.C. 1983 against DSS to enforce the Food Stamp Act's, 7 U.S.C. 2020(e)(3) and (9), time limits for awarding food stamp benefits. The district court certified a class consisting of all pa...

United States v. Aldeen  
Date: July 6, 2015
Docket Number: 14-2706

Justia Opinion Summary: Defendant appealed his sentence after he plead guilty to violating for the second time the conditions of his supervised release by associating with a convicted felon. Defendant spoke to a member of his sex offender treat...

Glatt v. Fox Searchlight Pictures  
Date: July 2, 2015
Docket Number: 13-4478

Justia Opinion Summary: Plaintiffs, hired as unpaid interns on the Fox Searchlight-distributed film "Black Swan," claimed compensation as employees under the Fair Labor Standards Act, 29 U.S.C. 201 et seq., and New York Labor Law. The district...

Gonzalez v. United States  
Date: July 2, 2015
Docket Number: 14-1994

Justia Opinion Summary: Defendant, a former New York State senator, pleaded guilty to two counts of fraud and two conspiracy counts. At issue on appeal was an unsettled question regarding restitution orders and the one‐year limitations period f...

UFCW Local One Pension Fund v. Enivel Properties, LLC  
Date: July 1, 2015
Docket Number: 14-2487

Justia Opinion Summary: The Fund filed suit against Empire under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), 29 U.S.C. §§ 1381–1453, after Empire effected a "complete withdrawal" from the Fund. Steven Levine was the sole shar...

United States v. Apple, Inc.  
Date: June 30, 2015
Docket Number: 13-3741

Justia Opinion Summary: The Justice Department and 33 states and territories filed suit alleging that Apple, in launching the iBookstore, had conspired with the Publisher Defendants to raise prices across the nascent ebook market, in violation...

Hendrickson v. United States  
Date: June 30, 2015
Docket Number: 14-1958

Justia Opinion Summary: Plaintiffs filed suit against the United States seeking enforcement of a settlement agreement. At issue was whether the actions taken by the district court in 1985 - verbally expressing approval of the settlement terms,...

United States v. Suarez  
Date: June 30, 2015
Docket Number: 14-2378

Justia Opinion Summary: Defendant, while in Venezuela, was convicted in absentia in Colombia of drug manufacturing and trafficking. Defendant was later extradited from Venezuela to Colombia and then the United States later transmitted a formal...

Cohen v. UBS Fin. Svc.  
Date: June 30, 2015
Docket Number: 14-781

Justia Opinion Summary: Plaintiff, a financial advisor employed by UBS, filed a putative class action and collective action against UBS, asserting wage-and-hour claims under federal and state law. On appeal, plaintiff challenged the district co...

United States v. Ganias
Date: June 29, 2015
Docket Number: 12-240
16 Casa Duse, LLC v. Merkin  
Date: June 29, 2015
Docket Number: 13-3865

Justia Opinion Summary: Defendant, a film director, producer, and editor, appealed the district court's grant of summary judgment in favor of plaintiff, a film production company, on its copyright and state-law claims related to the film entitl...

Lloyd v. J.P. Morgan Chase  
Date: June 29, 2015
Docket Number: 13-3963

Justia Opinion Summary: Plaintiffs, former employees of Chase, filed a putative class action alleging violations of state and federal overtime laws. The district court denied Chase's motion to compel arbitration. The court affirmed, concluding...

CarVal v. Giddens  
Date: June 29, 2015
Docket Number: 14-890

Justia Opinion Summary: After Lehman entered into a Securities Investor Protection Act (SIPA), 15 U.S.C. 78lll(2)(A), liquidation, Doral submitted timely claims asserting that it was entitled to recover the profit from a repurchased agreement....

Doe v. East Lyme Bd. of Educ.  
Date: June 26, 2015
Docket Number: 14-1261

Justia Opinion Summary: The Board appealed the district court's holding that the Board violated the stay-put provision of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1415(j), and awarding reimbursement to plaintiffs. Plain...

United States v. Yannai  
Date: June 25, 2015
Docket Number: 13-4466

Justia Opinion Summary: Defendant appealed from his conviction of enticement and coercion of others to travel in interstate and foreign commerce to engage in sexual activity, forced labor and attempted forced labor, fraud in foreign labor contr...

Cortlandt St. Recovery Corp. v. Hellas Telecommunications  
Date: June 24, 2015
Docket Number: 13-3325

Justia Opinion Summary: Plaintiff, a New York corporation, filed suit attempting to collect money owed to it under defaulted Sub Notes issued by a now-dissolved entity, Hellas. On appeal, plaintiff argued that the district court erred in granti...

Tolbert v. Smith  
Date: June 24, 2015
Docket Number: 14-1012

Justia Opinion Summary: Plaintiff appealed from the district court's grant of summary judgment dismissing his claims of discrimination and hostile work environment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.; the Ne...

United States v. Forbes  
Date: June 23, 2015
Docket Number: 14-733

Justia Opinion Summary: Defendant, the former CEO and chairman of the board of directors at CUC and former chairman of CUC's successor, was convicted of one count of conspiracy to commit securities fraud and two counts of making false statement...

United States v. Rutigliano  
Date: June 22, 2015
Docket Number: 14-152

Justia Opinion Summary: Defendants appealed their convictions for conspiracy to commit mail fraud, wire fraud, and health care fraud, as well as substantive counts of these offenses, and one count of making false statements. Defendants' convict...

Lewis v. Connecticut Commissioner of Correction
Date: June 22, 2015
Docket Number: 14-193
Fowlkes v. Ironworkers Local 40  
Date: June 19, 2015
Docket Number: 12-336

Justia Opinion Summary: Plaintiff, who self-identifies as male but was born biologically female, filed suit against defendants, alleging that they discriminated against him on the basis of sex and retaliated against him for filing an earlier ac...

Lynch v. Superintendent Dolce  
Date: June 18, 2015
Docket Number: 14-1675

Justia Opinion Summary: Petitioner, convicted of first degree robbery, appealed the denial of his petition for a writ of habeas corpus, alleging that he received ineffective assistance of appellate counsel. Petitioner alleged that counsel's fai...

Turkmen v. Hasty, et al.  
Date: June 17, 2015
Docket Number: 13-981

Justia Opinion Summary: Plaintiffs, eight male, "out-of-status" aliens who were arrested on immigration charges and detained following the September 11th attacks, filed a putative class action asserting various claims arising out of the discrim...

Espinoza v. Dimon  
Date: June 16, 2015
Docket Number: 14-1754

Justia Opinion Summary: This derivative action arose out of the London Whale trading debacle. Plaintiff, a JPMorgan shareholder, filed suit seeking to compel JPMorgan to take action, up to and including suing the alleged wrongdoers. The distric...

Bermudez v. City of New York  
Date: June 15, 2015
Docket Number: 14-1125

Justia Opinion Summary: Plaintiff, incarcerated for 18 years for a murder he did not commit, filed suit under 42 U.S.C. 1983 and state common law, for damages. The district court granted summary judgment to defendants. The court concluded that...

United States v. Thomas  
Date: June 11, 2015
Docket Number: 14-1083

Justia Opinion Summary: Defendant pleaded guilty to the production of child pornography. On appeal, defendant challenged the denial of his motions to suppress the searches of his residence and his computer. At issue was whether a search warrant...

United States v. Parse  
Date: June 8, 2015
Docket Number: 13-1388

Justia Opinion Summary: Defendant was convicted of mail fraud and of corruptly endeavoring to obstruct and impede the administration of the internal revenue laws. On appeal, defendant argued that he should have been granted a new trial on the g...

United States v. Bershchansky  
Date: June 5, 2015
Docket Number: 13-3145

Justia Opinion Summary: Defendant was charged with one count of possessing child pornography. On appeal, the government challenged the district court's grant of defendant's motion to suppress evidence on the grounds that law enforcement agents...

United States v. Moreno  
Date: June 5, 2015
Docket Number: 14-1820

Justia Opinion Summary: Defendant and others were charged with narcotics conspiracy. After the unsealing of the indictment, the others were promptly arrested but federal agents were unable to find defendant until his arrest during a traffic sto...

United States v. Heinz  
Date: June 4, 2015
Docket Number: 13-3119

Justia Opinion Summary: Defendants appealed their convictions for conspiracy to commit wire fraud and wire fraud. The court concluded that since the relevant charges in the superseding indictment were well within the applicable ten‐year statute...

Yale-New Haven Hosp. v. Nicholls  
Date: June 4, 2015
Docket Number: 13-4725

Justia Opinion Summary: The Hospital filed an interpleader action under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., to resolve competing claims by Barbara Nicholls and Clair Nicholls to certain funds held in the...

Eades v. Kennedy, PC Law Offices  
Date: June 4, 2015
Docket Number: 14-104

Justia Opinion Summary: Plaintiffs filed suit against Kennedy, alleging that Kennedy’s attempts to collect a debt from plaintiffs violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq. The district court dismissed the a...

In Touch Concepts, Inc. v. Cellco P'ship  
Date: June 4, 2015
Docket Number: 14-1622

Justia Opinion Summary: Zcom, a former Verizon retail sales agent, filed suit in state court alleging state-law contract and tort claims against Verizon and others. Zcom alleged that Verizon's termination of the parties' sales-agent relationshi...

United States v. McCrimon  
Date: June 4, 2015
Docket Number: 14-1929

Justia Opinion Summary: Defendant appealed his sentence of 63 months' imprisonment for bank robbery. The court concluded that Application Note 5 to 6 U.S.S.G. § 3C1.2, not Section 1B1.3(a)(1)(B), provides the proper standard for applying the en...

Marmolejos v. United States  
Date: June 4, 2015
Docket Number: 14-3519

Justia Opinion Summary: Petitioner filed a 28 U.S.C. 2255 motion in 2005 and sought to file another such motion in 2014. Petitioner argued that the district court erred in treating his present section 2255 motion as second or successive because...

United States v. Allen  
Date: June 3, 2015
Docket Number: 13-4846

Justia Opinion Summary: Defendant, a volunteer firefighter and captain of the Wallingford Volunteer Fire Department, appealed a conviction for conspiring to set fires to public lands. Defendant and other members of the Department were "bored" a...

United States v. Johnson
Date: June 3, 2015
Docket Number: 14-1063
Backer v. Shah  
Date: June 3, 2015
Docket Number: 14-1367

Justia Opinion Summary: Plaintiff filed suit, alleging that the DOH violated the Medicaid Act, 42 U.S.C. 1396 et seq., when it determined that guardianship fees approved by a state court could not be deducted from plaintiff’s Medicaid-required...

United States v. James Dickerson
Date: June 3, 2015
Docket Number: 14-239
Rodriguez v. Village Green Realty, Inc.  
Date: June 2, 2015
Docket Number: 13-4792

Justia Opinion Summary: Plaintiffs, parents of minor child A.R., filed suit against a real estate agency and its agent for disability discrimination under the Fair Housing Act (FHA), 42 U.S.C. 3601 et seq. Plaintiffs alleged that defendants mad...

Hubbs v. Suffolk Cnty. Sheriff's Dept.  
Date: June 2, 2015
Docket Number: 14-2472

Justia Opinion Summary: Plaintiff filed suit against the Sheriff's Department and others, alleging that he was severely beaten by deputy sheriffs while being detained in a holding cell. The district court granted summary judgment to defendants...

Ocampo v. Building Service 32B-J Pension Fund  
Date: June 1, 2015
Docket Number: 14-0877

Justia Opinion Summary: Plaintiff filed suit under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., seeking a pension based on permanent disability. On appeal, plaintiff challenged the district court's grant of defen...

State of New York v. Actavis
Date: May 28, 2015
Docket Number: 14-4624
United States v. Apple Inc.  
Date: May 28, 2015
Docket Numbers: 14-60, 14-61

Justia Opinion Summary: The district court found Apple in violation of Section 1 of the Sherman Antitrust Act, 15 U.S.C. 1, because Apple facilitated and executed a conspiracy where five of the six largest e-book publishers in the country enter...

Rex v. Martinez
Date: May 26, 2015
Docket Number: 11-5199
Rex v. Martinez  
Date: May 22, 2015
Docket Number: 11-5199

Justia Opinion Summary: CFF, a nonprofit organization dedicated to promoting adoption, filed suit against the DMV after the DMV rejected CFF's application for a "Choose Life" custom license plate. The district court concluded that DMV violated...

United States v. McGinn  
Date: May 22, 2015
Docket Number: 13-3164

Justia Opinion Summary: Defendants McGinn and Smith appealed their convictions for various securities, mail, and wire fraud and tax charges. The government cross-appealed the district court's restitution and forfeiture orders. The court affirme...

Madden v. Midland Funding, LLC  
Date: May 22, 2015
Docket Number: 14-2131

Justia Opinion Summary: Plaintiff filed a putative class action alleging that defendants violated the Fair Debt Practices Act (FDCPA), 15 U.S.C. 1692e, 1692f, by charging and attempting to collect interest at a rate higher than permitted under...

People v. Actavis
Date: May 22, 2015
Docket Number: 14-4624
In re Andres M. Aranda
Date: May 22, 2015
Docket Number: 14-90027
Noll v. Int'l Bus. Mach. Corp.  
Date: May 21, 2015
Docket Number: 13-4096

Justia Opinion Summary: Plaintiff, a software engineer, filed suit under the Americans with Disabilities Act (ADA), 42 U.S.C. 12112, and the New York State Human Rights Law, N.Y. Exec. Law 296, against his employer for disability discrimination...

United States v. Watson  
Date: May 21, 2015
Docket Number: 14-1334

Justia Opinion Summary: The Government appealed the district court's grant of defendant's motion to suppress evidence. Law enforcement officers were pursuing a robbery suspect when they mistakenly identified defendant as the suspect. A frisk of...

Tanasi v. New Alliance Bank
Date: May 21, 2015
Docket Number: 14-1389
Wiercinski v. Mangia 57, Inc.  
Date: May 21, 2015
Docket Number: 14-1753

Justia Opinion Summary: Plaintiff, a Polish man of Jewish descent, filed suit against his employer, Mangia, and other individuals, alleging discrimination on the basis of religion and national origin, retaliation, conspiracy, wrongful terminati...

United States v. Johnson  
Date: May 20, 2015
Docket Number: 14-1063

Justia Opinion Summary: Defendant appealed his sentence after he violated a condition of supervised release. Defendant argued that, because the Fair Sentencing Act (FSA), Pub. L. No. 111-220, 124 Stat. 2372, had since amended the statute under...

United States v. Morgan  
Date: May 19, 2015
Docket Number: 12-3231

Justia Opinion Summary: Defendant appealed his conviction for drug-related offenses, arguing that the district court abused its discretion by admitting highly prejudicial evidence of his alleged threats to kill a government informant. The distr...

Beck Chevrolet v. General Motors  
Date: May 19, 2015
Docket Number: 13-4066

Justia Opinion Summary: Beck filed suit against its franchisor, GM, for claims arising under the Motor Vehicle Dealer Act, N.Y. Vehicle & Traffic Law 460-473, and state contract law. The court certified the following questions to the New York C...

Guaman-Yuqui v. Lynch  
Date: May 19, 2015
Docket Number: 14-200

Justia Opinion Summary: Petitioner, a native and citizen of Ecuador, petitioned for review of the BIA's order determining that his receipt of a notice to appear failed to specify the date of his initial hearing sufficed to trigger the stop-time...

Drimal v. Makol  
Date: May 15, 2015
Docket Number: 13-2963

Justia Opinion Summary: Plaintiff filed suit against FBI agents alleging that they violated Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. 2510‐2522, when they listened to her private calls with her husband. The...

In re Andres M. Aranda
Date: May 15, 2015
Docket Number: 14-90027
Kogut v. County of Nassau  
Date: May 14, 2015
Docket Number: 13-3130

Justia Opinion Summary: Plaintiff was convicted of rape and murder in 1986 and later acquitted of those charges in 2005. Plaintiff filed suit for, inter alia, due process violations and malicious prosecution under 42 U.S.C. 1983 against the Cou...

Roganti v. Metro. Life Ins. Co.  
Date: May 14, 2015
Docket Number: 13-4532

Justia Opinion Summary: MetLife appealed the district court's judgment in favor of plaintiff on his claim for pension benefits pursuant to the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq. The court concluded that MetL...

Tanasi v. New Alliance Bank  
Date: May 14, 2015
Docket Number: 14-1389

Justia Opinion Summary: Plaintiff filed a putative class action against defendants and defendants subsequently offered to settle plaintiff's individual claims pursuant to Federal Rule of Civil Procedure 68 for an amount greater than the statuto...

Lewis v. Connecticut Comm'r of Corr.  
Date: May 14, 2015
Docket Number: 14-193

Justia Opinion Summary: Petitioner sought habeas relief based on the ground that the State denied his constitutional right to a fair trial when it withheld exculpatory evidence in violation of Brady v. Maryland. The district court granted the p...

Altman v. J.C. Christensen & Assoc.  
Date: May 14, 2015
Docket Number: 14-2240

Justia Opinion Summary: Plaintiff filed a putative class action suit against J.C. Christensen, alleging that J.C. Christensen violated the Fair Debt Collections Practices Act (FDCPA), 15 U.S.C. 1692, by offering to settle his debt for less than...

U.S. Polo Ass'n v. PRL USA Holdings  
Date: May 13, 2015
Docket Number: 13-1038

Justia Opinion Summary: USPA appealed from a contempt order finding USPA in violation of a permanent injunction. The district court held that USPA's Double Horsemen Mark on eyewear products was confusingly similar to the logo used by PRL. The d...

Lugo v. Hudson  
Date: May 13, 2015
Docket Number: 14-2302

Justia Opinion Summary: Petitioner appealed the denial of his petition for a writ of habeas corpus under 28 U.S.C. 2241, asserting that the BOP incorrectly calculated his ten-year prison sentence. While serving petitioner's state sentence, he w...

Rosa v. United States  
Date: May 13, 2015
Docket Number: 14-889

Justia Opinion Summary: Petitioner, convicted of producing child pornography and witness tampering, appealed the denial of his petition for writ of habeas corpus under 28 U.S.C. 2255. At issue was the timeliness of the petition under the one‐ye...

United States v. Calderon  
Date: May 12, 2015
Docket Number: 13-1098

Justia Opinion Summary: Defendants Calderon, Sanchez, Cardoza, and DeLeon appealed from convictions of racketeering, narcotics, and obstruction-of-justice. Defendants raised numerous issues on appeal. The court addressed only the sufficiency-of...

United States v. Dickerson  
Date: May 12, 2015
Docket Number: 14-239

Justia Opinion Summary: Defendant appealed his conviction for conspiracy to distribute cocaine base. The court concluded that the evidence establishes no more than defendant's role as a mere purchaser from the conspiracy and cannot support an i...

United States v. Pierce  
Date: May 11, 2015
Docket Number: 13-3687

Justia Opinion Summary: Defendants Pierce, Colon, and Meregildo appealed their convictions for conspiracy, racketeering, murder, narcotics trafficking, and firearms offenses. The court concluded that the evidence was sufficient to convict defen...

ACLU v. Clapper  
Date: May 7, 2015
Docket Number: 14-42

Justia Opinion Summary: Plaintiffs challenged, on statutory and constitutional grounds, the telephone metadata program under which the NSA collects in bulk "on an ongoing daily basis" the metadata associated with telephone calls made by and to...

Pandora Media v. American Society of Composers, Authors & Publishers  
Date: May 6, 2015
Docket Number: 14-1158

Justia Opinion Summary: These appeals stemmed from an opinion and order filed in March 2014 which: (1) granted summary judgment to Pandora on the issue of whether the consent decree governing the licensing activities of ASCAP unambiguously prec...

United States v. Watts  
Date: May 4, 2015
Docket Number: 13-911

Justia Opinion Summary: Defendant and his counsel, D&B, (collectively, "petitioners") appealed the district court's grant of the government's motion to dismiss their petition asserting an interest found in property found subject to forfeiture u...

Benihana, Inc. v. Benihana of Tokyo, LLC  
Date: April 28, 2015
Docket Number: 14-841

Justia Opinion Summary: Benihana America obtained a preliminary injunction in aid of arbitration of a dispute arising under its license agreement with Benihana of Tokyo, prohibiting Tokyo from: selling unauthorized food items at the restaurant...

United States v. Sellers  
Date: April 27, 2015
Docket Number: 13-4431

Justia Opinion Summary: Sellers was sentenced to 15 years’ imprisonment for being a felon in possession of a firearm and ammunition under 26 18 U.S.C. 922(g)(1) and under 18 U.S.C. 924(e)(1) of the Armed Career Criminal Act (ACCA). The Second C...

Luitpold Pharm., Inc. v. Ed. Geistlich Sohne A.G.  
Date: April 24, 2015
Docket Number: 13-1872

Justia Opinion Summary: Luitpold is a New York corporation that develops and markets drugs and medical devices, including dental implant products. Geistlich, a Swiss corporation that develops and manufactures dental products, now owns the pate...

In re: Kingate Mgmt. Ltd. Litig.  
Date: April 23, 2015
Docket Number: 11-1397

Justia Opinion Summary: Plaintiffs are individuals and entities that purchased shares in the Kingate funds and continued to hold their shares until the 2008 exposure of the Bernie Madoff Ponzi scheme, resulting in loss most of the funds’ assets...

New York v. Fed. Energy Regulatory Comm'n  
Date: April 22, 2015
Docket Number: 13-2316

Justia Opinion Summary: The Federal Energy Regulatory Commission (FERC) has regulatory authority over interstate aspects of the nation’s electric power system, but not over “facilities used in local distribution or only for the transmission of...

Greathouse v. JHS Sec., Inc.  
Date: April 20, 2015
Docket Number: 12-4521

Justia Opinion Summary: Greathouse filed a retaliation claim under the Fair Labor Standards Act, 29 U.S.C. 215(a)(3), 216, alleging that when he orally complained to his supervisor (Wilcox) that he had not received the pay he was due as a secur...

Universitas Educ. LLC v. Nova Group Inc.  
Date: April 20, 2015
Docket Number: 13-4154

Justia Opinion Summary: Nova is the trustee and fiduciary of the Charter Oak Benefit Plan. A participating employer took out insurance policies on its employee’s (Spencer) life, totaling $30 million, and placed them into the Plan. Spencer nam...

United States v. Roy  
Date: April 20, 2015
Docket Number: 13-4702

Justia Opinion Summary: Roy was convicted of conspiracy to commit wire fraud, 18 U.S.C. 1349; three counts of wire fraud, 18 U.S.C. 1343; and conspiracy to commit wire fraud and bank fraud, 18 U.S.C. 1349. The Second Circuit affirmed, rejecting...

Hicks v. Vane Line Bunkering, Inc.  
Date: April 17, 2015
Docket Number: 13-1976

Justia Opinion Summary: Hicks was a deckhand on a tugboat when, while handling heavy gear, he injured his shoulder. A company doctor determined that Hicks was not fit for duty. His employer acknowledged its obligation to pay maintenance and cur...

In re: Nassau Cnty Strip Search Cases  
Date: April 17, 2015
Docket Number: 14-1388

Justia Opinion Summary: A 1999 suit alleged that plaintiffs had been arrested on misdemeanor charges and were strip searched, without individualized suspicion, in violation of their federal and state constitutional rights. Nassau County conced...

United States v. Bengis  
Date: April 16, 2015
Docket Number: 13-2543

Justia Opinion Summary: From 1987 to 2001, Bengis and Noll engaged in a scheme to harvest large quantities of South Coast and West Coast rock lobsters from South African waters for export to the United States in violation of both South African...

IBEW Local Union v. Royal Bank of Scotland  
Date: April 15, 2015
Docket Number: 13-3289

Justia Opinion Summary: In a putative securities class action, investors who purchased or acquired American Depository Shares (ADSs) of The Royal Bank of Scotland (RBS), alleged that RBS and several of its top executives made false and misleadi...

Fin. Guar. Ins. Co. v. Putnam Advisory Co., LLC  
Date: April 15, 2015
Docket Number: 14-1673

Justia Opinion Summary: Financial Guaranty Insurance Company (FGIC) sued Putnam Advisory for fraud, negligent misrepresentation, and negligence, claiming that Putnam misrepresented its management of a collateralized debt obligation called Pyxis...

Eurpoean Community v. RJR Nabisco
Date: April 13, 2015
Docket Number: 11-2475
Cox v. United States  
Date: April 13, 2015
Docket Number: 13-3745

Justia Opinion Summary: Cox was convicted in 2001 on narcotics and firearms charges and was sentenced to 540 months’ imprisonment. On appeal, Cox’s conviction and sentence were affirmed. In 2004, he sought a new trial, arguing that the governme...

Lugo v. Holder  
Date: April 9, 2015
Docket Number: 13-1484

Justia Opinion Summary: Lugo, a citizen of Venezuela, came to the U.S. in 1996 on a nonimmigrant visa, and remained beyond the authorized period. In 2005, she was charged with concealing a felony involving her boyfriend, who sold heroin. On adv...

Cont'l Terminals, Inc. v. Waterfront Comm'n of N.Y. Harbor  
Date: April 3, 2015
Docket Number: 13-3903

Justia Opinion Summary: In 1953, New York and New Jersey entered into the Waterfront Commission Act, establishing the Waterfront Commission of New York Harbor to govern operations at the Port of New York‐New Jersey. At that time, individual p...

Cent. Hudson Gas & Elec. Corp. v. Fed. Energy Regulatory Comm'n  
Date: April 2, 2015
Docket Number: 14-1786

Justia Opinion Summary: Federal Energy Regulatory Commission (FERC) orders issued in 2013 and 2014 approved the New York Independent System Operator’s (NYISO) creation of a new wholesale electric power “capacity zone” comprising areas of Southe...

Ortiz-Franco v. Holder  
Date: April 1, 2015
Docket Number: 13-3610

Justia Opinion Summary: Ortiz‐Franco, a citizen of El Salvador, entered the U.S. illegally in 1987. Between 1992 and 1996, he was convicted of: criminal possession of a weapon in the third degree, a class D Armed Violent Felony under New York...

Smith v. Campbell  
Date: April 1, 2015
Docket Number: 14-1468

Justia Opinion Summary: Smith alleged that New York State Trooper Campbell began harassing her in 2007, tailgating her in an off-duty vehicle, parking behind her, and questioning Smith about her driving. Smith’s adult son, Tom and Campbell exch...

Taylor v. Rogich  
Date: March 30, 2015
Docket Number: 14-364

Justia Opinion Summary: Taylor sued Nassau County, its police department, and officers and supervisors, alleging that officer Rogich used excessive force when he shot Taylor while apprehending him. After dismissals and partial summary judgment...

Concerned Home Care Providers, Inc. v. Cuomo  
Date: March 27, 2015
Docket Number: 13-3790

Justia Opinion Summary: Home health care plaintiffs sought to prevent the Commissioner of the New York State Department of Health, from enforcing the Wage Parity Law, which sets the minimum amount of total compensation that employers must pay h...

In re: Advanced Battery Techs., Inc.  
Date: March 25, 2015
Docket Number: 14-1410

Justia Opinion Summary: The district court dismissed a suit brought by Sanderson, individually and on behalf of all others similarly situated, alleging that auditors (defendants) committed securities fraud by falsely representing that they perf...

United States v. Wright-Darrisaw  
Date: March 24, 2015
Docket Number: 14-1809

Justia Opinion Summary: Wright-Darrisaw called the White House Comments Line and, after statements characterized as “foul,” and “irrational,” stated “I’m going to f**k and kill Obama.” A telephone operator transferred her to the Secret Service....

Robinson v. Concentra Health Servs.,Inc.  
Date: March 24, 2015
Docket Number: 14-941

Justia Opinion Summary: Robinson worked for Concentra as a medical assistant from 2003 until she was terminated in 2010. Robinson applied for Social Security disability benefits four days after being terminated, claiming that she had multipl...

Arzuaga v. Quiros  
Date: March 20, 2015
Docket Number: 13-4586

Justia Opinion Summary: Over the past several years, Arzuaga, who is currently incarcerated in Connecticut, filed three separate actions against prison officials under 42 U.S.C. 1983. Although the district court initially granted Arzuaga’s moti...

Ricci v. Teamsters Union Local 456  
Date: March 18, 2015
Docket Number: 14-1732

Justia Opinion Summary: Peter Ricci, a Teamsters member since 1983, refused to endorse Union President Doyle in 2002. For the next 10 years, Ricci claims, he suffered retaliation. He was fired from jobs he should have kept; he was not placed...

Fischer v. Smith  
Date: March 17, 2015
Docket Number: 13-3022

Justia Opinion Summary: Smith was charged with murder, based on a 1996 Bronx armed robbery. The prosecution called an incarcerated witness, Ferguson, to whom Smith had made incriminating statements while in jail, indicating that Ferguson was n...

Prabhudial v. Holder  
Date: March 12, 2015
Docket Number: 14-4574

Justia Opinion Summary: Prabhudial was admitted to the U.S. as a legal permanent resident in 1983. In 2012, he was placed in removal proceedings under 8 U.S.C. 1227(a)(2)(A)(iii), (A)(2)(B)(i), based on New York convictions: two for seventh‐de...

Rivas v. Fischer  
Date: March 11, 2015
Docket Number: 13-2974

Justia Opinion Summary: In 1993, a jury found Rivas guilty of second-degree murder for killing his former girlfriend (Hill) on March 27, 1987. Rivas was sentenced to an indeterminate term of imprisonment of 25 years to life. In 1999, Rivas soug...

Stryker v. Secs. & Exch. Comm'n  
Date: March 11, 2015
Docket Number: 13-4404

Justia Opinion Summary: Between 2004 and 2009, Stryker submitted information to the Securities and Exchange Commission’s Enforcement Division regarding alleged wrongdoing by ATG and an involved individual. In 2009, the SEC opened an investigati...

United States v. Foreste  
Date: March 11, 2015
Docket Number: 13-4880

Justia Opinion Summary: After a 22-minute traffic stop in Massachusetts, Foreste was given a speeding ticket. During the stop, the officer was concerned about Foreste’s vague answers and that his car rental agreement had expired. After he drov...

In re Gordon  
Date: March 10, 2015
Docket Number: 11-90055

Justia Opinion Summary: Gordon was admitted to the New York State bar in 1989. Following referral by the Second Circuit, the Committee on Admissions and Grievances found clear and convincing evidence that Gordon had engaged in misconduct in tha...

Ministers & Missionaries Benefit Bd. v. Snow  
Date: March 5, 2015
Docket Number: 14-1021

Justia Opinion Summary: Reverend Flesher participated in benefits plans administered by the Ministers and Missionaries Benefit Board (MMBB), a New York not‐for‐profit corporation. Flesher entered into the plans while married to Snow. Snow, also...

Johnson v. Nextel Communications Inc.  
Date: March 4, 2015
Docket Number: 14-454

Justia Opinion Summary: The law firm of Leeds, Morelli & Brown, representing 587 plaintiffs with discrimination claims against their employer, Nextel Communications, agreed with Nextel to set up a dispute resolution process whereby all of the p...

Florez v. Holder  
Date: March 4, 2015
Docket Number: 14-874

Justia Opinion Summary: Florez, a citizen of Honduras and a lawful permanent resident of the U.S., was charged in New York with a variety of offenses. Florez was twice convicted of endangering the welfare of a child, for “knowingly act[ing] in...

Santiago-Monteverde v. Pereira  
Date: March 2, 2015
Docket Number: 12-4131

Justia Opinion Summary: Debtor, a New York City tenant, filed for Chapter 7 bankruptcy and listed the value of her apartment lease on Schedule B as personal property exempt from the bankruptcy estate as a "local public assistance benefit." At i...

United States v. Raymonda  
Date: March 2, 2015
Docket Number: 13-4899

Justia Opinion Summary: More than nine months after someone using Raymonda’s IP address accessed thumbnail images of child pornography on the Internet, government agents obtained a search warrant for his home and discovered more than 1000 files...

SleepyÂ’s, LLC v. Select Comfort Wholesale Corp.  
Date: February 27, 2015
Docket Number: 12-4437

Justia Opinion Summary: Select Comfort manufactures and sells Sleep Number bedding, which has inflatable air chambers that adjust to vary mattress firmness; it sells those beds through its own retail stores. In 2005, Sleepy’s, a bedding retaile...

Newton v. City of New York  
Date: February 26, 2015
Docket Number: 11-2610

Justia Opinion Summary: In 1984, V.J. was raped. She lost an eye and suffered broken ribs. The NYPD collected a rape kit, with pubic and head hair, swabs, and microscope slides. Based on line‐ups, V.J. and a witness identified Newton as h...

Flores v. Holder  
Date: February 26, 2015
Docket Number: 12-2406

Justia Opinion Summary: Flores, a citizen of Honduras, entered the U.S. without inspection in 1991. He married a U.S. citizen. In 2009, he was convicted of two counts of first‐degree sexual abuse under New York law. Charged with removability...

Matthews v. City of New York  
Date: February 26, 2015
Docket Number: 13-2915

Justia Opinion Summary: Officer Matthews sued, alleging that the City of New York retaliated against him for speaking to his commanding officers about an arrest quota policy at his precinct. The district court granted the defendants summary jud...

United States v. Ortiz  
Date: February 26, 2015
Docket Number: 13-4835

Justia Opinion Summary: Ortiz pleaded guilty in 2003 to being a felon in possession of a firearm, 18 U.S.C. 922(g)(1). He acknowledged being an armed career criminal under 18 U.S.C. 924(e)(1) and faced a mandatory minimum term of 180 months’ i...

Bricklayers & Allied Craftworkers v. Moulton Masonry & Constr., LLC  
Date: February 26, 2015
Docket Number: 14-295

Justia Opinion Summary: Moulton, LLC entered a collective bargaining agreement (CBA) with the Union that required the company to contribute to Union funds; to remit deductions from paychecks to those funds; and to submit to an audit upon reques...

Marcel Fashions v. Lucky Brand Dungarees  
Date: February 25, 2015
Docket Number: 12-4341

Justia Opinion Summary: Marcel filed suit against Lucky Brand, seeking damages and injunctive relief based on claims of trademark infringement, false designation of origin, and unfair competition under 15 U.S.C. 1114, 1116, and 1125, as well as...

United States v. George  
Date: February 25, 2015
Docket Number: 13-2762

Justia Opinion Summary: Defendant appealed her conviction for harboring an illegal alien under 8 U.S.C. 1324(a)(1)(A)(iii), and a related order of forfeiture under 18 U.S.C. 982(a)(6)(A)(ii)(II). The court affirmed the conviction and order, con...

Johnson v. United States  
Date: February 25, 2015
Docket Number: 13-546

Justia Opinion Summary: Petitioner, convicted of bank robbery, armed bank robbery, and using and carrying a firearm during and in connection with a crime of violence, appealed the denial of his 28 U.S.C. 2255 petition for relief. Petitioner arg...

Leitner v. Westchester Community College  
Date: February 25, 2015
Docket Number: 14-1042

Justia Opinion Summary: Plaintiff, an adjunct professor, filed suit against WCC, alleging violations of her state and federal constitutional rights when WCC terminated her employment for purportedly making offensive comments in class. On appeal...

Garcia v. Jane & John Does
Date: February 24, 2015
Docket Number: 12-2634
National R.R. Passenger Corp. v. McDonald  
Date: February 24, 2015
Docket Number: 13-4161

Justia Opinion Summary: Amtrak appealed from the district court's grant of summary judgment dismissing its federal Supremacy Clause claims filed against the Commissioner, claiming that the Supremacy Clause deprived the NYSDOT of authority to co...

Garcia v. Jane & John Does
Date: February 23, 2015
Docket Number: 12-2634
Securities Investor Protection Corp. v. 2427 Parent Corp.  
Date: February 20, 2015
Docket Number: 14-97

Justia Opinion Summary: Claimants, former investors of BLMIS, asked that the appointed trustee for the liquidation of BLMIS adjust their proportional share of customer property to reflect inflation and one claimant also asks for an interest adj...

Cnty. of Westchester v. HUD  
Date: February 18, 2015
Docket Number: 13-3087

Justia Opinion Summary: The County filed suit against HUD, alleging that HUD acted in an arbitrary and capricious manner by rejecting the County's fiscal year (FY) 2011 Action Plan and certification that it would affirmatively further fair hous...

Velazco v. Columbus Citizens  
Date: February 13, 2015
Docket Number: 14-842

Justia Opinion Summary: Plaintiff filed suit against defendants, alleging violations of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621-634, and the New York City Human Rights Law (NYCHRL), N.Y.C. Admin. Code 8-101 et seq. The di...

Jewish People for the Betterment of Westhampton Beach v. Village of Westhampton Beach  
Date: February 11, 2015
Docket Number: 14-1441

Justia Opinion Summary: Plaintiffs filed suit under 42 U.S.C. 1983 against defendants, seeking declaratory and injunctive relief to prevent the creation in Westhampton Beach of an "eruv," a delineated geographic area significant to certain adhe...

Sykes v. Mel S. Harris & Assoc.  
Date: February 10, 2015
Docket Number: 13-2742

Justia Opinion Summary: Defendants appealed the district court's class certification opinion and class certification order certifying two classes. The first class, certified under Rule 12(b)(2), comprises "all persons who have been or will be s...

Roach v. T.L. Cannon Corp.  
Date: February 10, 2015
Docket Number: 13-3070

Justia Opinion Summary: Plaintiffs filed suit against Cannon, alleging violations of federal and state labor laws. On appeal, plaintiffs challenged the district court's denial of class certification under Rule 23(b)(3) based on the district cou...

United States v. Morrison  
Date: February 10, 2015
Docket Number: 14-485

Justia Opinion Summary: Defendant plead guilty to one count of conspiracy to distribute cocaine and subsequently appealed his sentence of eighteen months' imprisonment. The court affirmed the judgment, concluding that the district court did not...

United States v. Cramer  
Date: February 10, 2015
Docket Number: 14-761

Justia Opinion Summary: Defendant plead guilty to four counts of sex trafficking of a minor and subsequently appealed his sentence as procedurally unreasonable. The court held that the district court did not err in applying a two-point enhancem...

United States v. Anthony Cuti
Date: February 6, 2015
Docket Number: 13-2042
Kirschenbaum v. U.S. Dept. of Labor  
Date: February 5, 2015
Docket Number: 14-1144

Justia Opinion Summary: The Chapter 7 bankruptcy trustee appealed the district court's holding that the bankruptcy court did not have jurisdiction to order that he and his retained professionals be compensated for their services using the asset...

Prosser v. Commissioner of Internal Revenue  
Date: February 4, 2015
Docket Number: 13-4526

Justia Opinion Summary: Petitioners sought a redetermination in the Tax Court challenging the Commissioner's determination of tax deficiencies and assessment of penalties against them under section 6662 of the Internal Revenue Code, 26 U.S.C. 1...

United States v. Iovino  
Date: February 2, 2015
Docket Number: 14-270

Justia Opinion Summary: Defendant, employed as the property manager of a condominium association, was convicted of wire fraud for embezzling funds from the condominium association and bank fraud for taking out an unauthorized loan in the condom...

United States v. Kimber  
Date: January 30, 2015
Docket Number: 13-3661

Justia Opinion Summary: Defendant plead guilty to use and possession of a chemical weapon in violation of 18 U.S.C. 229(a)(1) and consumer product tampering in violation of 18 U.S.C. 1365(a). Defendant's conviction stemmed from his dispersing l...

Fezzani v. Bear, Stearns & Co.  
Date: January 30, 2015
Docket Number: 14-3983

Justia Opinion Summary: Plaintiffs petitioned for rehearing from the court's summary order and from the opinion filed the same day. The complaint alleged that Bear Stearns was liable as the clearing broker for Baron's fraud. The court reaffirme...

Martin v. Hearst Corp.  
Date: January 28, 2015
Docket Number: 13-3315

Justia Opinion Summary: Plaintiff filed suit against media outlets after they accurately reported her arrest and charge for various drug-related offenses. Plaintiff claimed that the published articles, while factually true at the time of public...

Pan v. Holder  
Date: January 26, 2015
Docket Number: 13-203

Justia Opinion Summary: Petitioner, a citizen and native of the Kyrgyz Republic, petitioned for review of the BIA's order dismissing his appeal from the IJ's denial of his applications for asylum, withholding of removal, and relief under the Co...

United States v. Matta  
Date: January 26, 2015
Docket Number: 13-4078

Justia Opinion Summary: Defendant plead guilty to being a felon in possession of a firearm and was sentenced to 36 months' imprisonment and three years of supervised release. The district court imposed a special condition of supervised release...

Contreras v. Artus  
Date: January 23, 2015
Docket Number: 13-1117

Justia Opinion Summary: Petitioner, convicted of, inter alia, rape and unlawful imprisonment of his estranged wife, appealed the dismissal of his petition for a writ of habeas corpus under 28 U.S.C. 2254. Petitioner argued that the state trial...

Barrows v. Burwell  
Date: January 22, 2015
Docket Number: 13-4179

Justia Opinion Summary: Plaintiffs filed a putative class action suit against the Secretary on behalf of Medicare beneficiaries who were placed into "observation status" by their hospitals rather than being admitted as "inpatients." Placement i...

In Re: Motors Liquidation Co.
Date: January 21, 2015
Docket Number: 13-2187
Smith v. County of Suffolk  
Date: January 14, 2015
Docket Number: 13-1230

Justia Opinion Summary: Plaintiff filed suit against the county and the police commissioner, alleging that he was retaliated against for exercising his First Amendment right to freedom of speech. Because defendants do not challenge them on appe...

Citigroup, Inc. v. Abu Dhabi Investment Auth.  
Date: January 14, 2015
Docket Number: 13-4825

Justia Opinion Summary: This case stemmed from a dispute between Citigroup and ADIA regarding an Investment Agreement under which ADIA invested billions of dollars in Citigroup. At issue is the arbitration clause contained in the Agreement. The...

Coggins v. Buonora  
Date: January 13, 2015
Docket Number: 13-4635

Justia Opinion Summary: Plaintiff filed suit against two officers and their employers, alleging that the officers knowingly falsified and omitted material facts from police reports, lied to the district attorney and the grand jury, and conspire...

Fjarde AP-Fonden v. Morgan Stanley  
Date: January 12, 2015
Docket Number: 13-0627

Justia Opinion Summary: Plaintiffs filed suit under Sections 10(b) and 20(a) of the Securities and Exchange Act, 15 U.S.C. 78j(b) and 78t(a), alleging that Morgan Stanley and six of its officers and former officers made material misstatements a...

AngioDynamics, Inc. v. Biolitec, Inc.  
Date: January 9, 2015
Docket Number: 12-4364

Justia Opinion Summary: AngioDynamics filed suit against Biolitec, alleging that Biolitec failed to fulfill its contractual obligation to defend or indemnify AngioDynamics for litigation expenses and losses resulting from AngioDynamic's distrib...

United States v. Norman  
Date: January 9, 2015
Docket Number: 13-2840

Justia Opinion Summary: Defendant, convicted of conspiracy to commit wire fraud, appealed his sentence. The court concluded that the district court painstakingly calculated the Guidelines-recommended range of imprisonment, finding that the fact...

United States v. Banks  
Date: January 9, 2015
Docket Number: 13-3473

Justia Opinion Summary: Defendant pleaded guilty to unlawful possession of a firearm by a convicted felon and appealed his sentence, contending that the district court erred when it calculated his criminal history category and base offense leve...

Husic v. Holder  
Date: January 8, 2015
Docket Number: 14-607

Justia Opinion Summary: Petitioner, a native of the former Yugoslavia and citizen of Montenegro, sought review of the BIA's order of removal, denial of his request for a waiver of inadmissibility under section 212(h) of the Immigration and Nati...

Phillips v. City of New York  
Date: January 7, 2015
Docket Number: 14-2156

Justia Opinion Summary: Plaintiffs filed suit challenging the constitutionality of New York State's requirement that all children be vaccinated in order to attend public school. The statute provides two exemptions from the immunization mandate:...

Lucas v. United States  
Date: January 7, 2015
Docket Number: 14-2291

Justia Opinion Summary: Petitioner, as assignee of his brother's interest in the forfeited property ($50,000 in bail money), appealed the district court's denial of his motion to set aside a declaration of forfeiture under the Civil Asset Forfe...