2016 Second Circuit US Court of Appeals Case Law
Date: December 27, 2016
Docket Number: 15-975
Justia Opinion Summary: Plaintiff was arrested for speeding wildly while drunk and high, and his Ferrari was impounded. After a neutral magistrate ordered that the vehicle be retained by the County, plaintiff filed a claim under 42 U.S.C. 1983,…
Date: December 22, 2016
Docket Number: 15-3959
Justia Opinion Summary: Buffalo Transportation seeks review of a final order of the OCAHO finding that it had committed substantive violations of Section 274A(b) of the Immigration and Nationality Act (INA), 8 U.S.C. 1324a(b). The OCAHO also…
Date: December 20, 2016
Docket Number: 15-2956
Justia Opinion Summary: The ACLU made requests under the Freedom of Information Act (FOIA), 5 U.S.C. 552, seeking information from government agencies regarding drone strikes. In this appeal, the ACLU challenges responses to the FOIA requests…
Date: December 20, 2016
Docket Number: 15-2992
Justia Opinion Summary: Defendant appealed his conviction after pleading guilty to a drug conspiracy count. Prior to the guilty plea, the government filed a prior felony information under 21 U.S.C. 851, alleging that defendant was previously…
Date: December 19, 2016
Docket Number: 15-1676
Justia Opinion Summary: Defendant was convicted of wire fraud and conspiracy to commit wire fraud. The district court sentenced defendant to 120 months in prison, entered an order of forfeiture in the amount of $2.4 million, and ordered…
Date: December 14, 2016
Docket Number: 15-2232
Justia Opinion Summary: In 2008, Leonard pled guilty to conspiracies to distribute 100 or more kilograms of marijuana, 21 U.S.C. 841(a)(1), (b)(1)(B), 846; and to launder the proceeds of that illegal trafficking, 18 U.S.C. 1956(h). While…
Date: December 13, 2016
Docket Number: 14-4369
Date: December 8, 2016
Docket Number: 15-2164
Justia Opinion Summary: This appeal arises out of a dispute between Century and Global over the extent to which Global is obligated to reinsure Century pursuant to certain reinsurance certificates. The district court held that the dollar amount…
Date: December 8, 2016
Docket Number: 15-3124
Justia Opinion Summary: Plaintiffs, trustees of an Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., pension fund, filed suit against its investment manager and principals alleging that defendants knew by 1998 that…
Date: December 7, 2016
Docket Number: 15-140
Justia Opinion Summary: Jarquez Dancy and Jayvon Elting, two high school students, were stopped by Police Officer Gregg McGinley while they were walking on Main Street in Poughkeepsie, New York. A confrontation ensued that left Elting bruised,…
Date: December 6, 2016
Docket Number: 13-3191
Justia Opinion Summary: Defendant John B. Frohling appeals the district court's judgment in an enforcement action brought by the SEC in connection with public offerings of unregistered shares of stock of defendant Greenstone. The district court…
Date: December 6, 2016
Docket Numbers: 14-2301, 15-3978, 14-2937
Justia Opinion Summary: In these consolidated appeals, defendant Virginia K. Sourlis challenges the district court's judgment in an enforcement action brought by the SEC in connection with public offerings of unregistered shares of stock of…
Date: December 5, 2016
Docket Number: 15-2411
Date: December 1, 2016
Docket Number: 15-2024
Justia Opinion Summary: Defendants Ahmed A. Algahaim and Mofaddal M. Murshed appealed their convictions for offenses concerning the misuse of benefits under the Supplemental Nutrition Assistance Program (SNAP, formerly food stamps). The court…
Date: December 1, 2016
Docket Number: 15-387
Justia Opinion Summary: Defendant was convicted of offenses concerning sex trafficking of a minor and was sentenced to 240 months in prison. The principal issue on appeal is whether information from a GPS can be obtained and used without a…
Date: November 23, 2016
Docket Number: 15-528
Justia Opinion Summary: Plaintiff filed a putative class action against Comenity to recover statutory damages for violations of the Truth in Lending Act (TILA), 15 U.S.C. 1601 et seq. The district court concluded that plaintiff failed, as a…
Date: November 21, 2016
Docket Number: 15-2442
Justia Opinion Summary: The Union filed a petition seeking to represent Constellation’s outside cellar employees as a bargaining unit. Constellation subsequently refused to bargain with the Union and the Union filed an unfair-labor-practice…
Date: November 21, 2016
Docket Number: 15-3867
Justia Opinion Summary: Defendant appealed his sentence and conviction after pleading guilty to thirteen counts of child‐pornography‐related offenses. Defendant challenged the actual basis supporting his plea as to one of the thirteen counts…
Date: November 16, 2016
Docket Number: 16-306
Justia Opinion Summary: Parties to a facultative reinsurance certificate differ as to which of two arbitration provisions govern the resolution of a dispute that has arisen between them. First Mutual, the ceding company, sought to compel its…
Date: November 15, 2016
Docket Number: 15-3249
Justia Opinion Summary: Plaintiffs appealed the district court's conclusion that defendant, a licensed bail bond agent, was entitled to retain the bond premium in this case even though bail was denied. The court certified to the Court of…
Date: November 10, 2016
Docket Number: 16-2863
Justia Opinion Summary: Petitioner, pro se, moves for leave to file a successive 28 U.S.C. 2254 petition challenging his 2009 New York conviction for burglary and sexual abuse. Petitioner filed multiple section 2254 petitions in the past…
Date: November 9, 2016
Docket Numbers: 15-1688, 15‐1726
Justia Opinion Summary: Plaintiffs filed these lawsuits challenging the federal government's decision in 2008 to give the Oneida Indian Nation of New York over approximately 13,000 acres of land in central New York. The district court granted…
Date: November 9, 2016
Docket Number: 16-1840
Justia Opinion Summary: Petitioner seeks leave to file a successive 28 U.S.C. 2255 motion to challenge his 2007 sentence for Hobbs Act robbery, in violation of 18 U.S.C. 1951. Petitioner, in his plea agreement, agreed “not to file an appeal or…
Date: November 7, 2016
Docket Number: 15-782
Justia Opinion Summary: CI owns the registered marks ʺCollective Network,ʺ ʺCollective Video,ʺ and ʺC Collective The Audience Engine,ʺ a stylized mark in which the word ʺCollectiveʺ appears most prominently. CCM operates under the name…
Date: November 4, 2016
Docket Number: 15-2334
Justia Opinion Summary: The parties cross appeal the district court's grant in part and denial in part of a motion for a preliminary injunction to bar enforcement of three local laws restricting operations at a public airport located in and…
Date: November 3, 2016
Docket Number: 14-3800
Justia Opinion Summary: Plaintiff filed suit alleging claims under the Securities Exchange Act of 1934, 15 U.S.C. 78p(b), against, inter alia, Lead Underwriters. Plaintiff sought to hold Lead Underwriters liable under Section 16(b) for…
Date: November 2, 2016
Docket Number: 15-1308
Justia Opinion Summary: Petitioner, a citizen of Portugal and native of Angola, seeks review of DHS's order of removal that was issued without a hearing on the ground that he waived the right to challenge removal by submitting an Electronic…
Date: November 1, 2016
Docket Number: 15-1777
Justia Opinion Summary: Plaintiff prevailed in a jury trial on her claim of pregnancy discrimination. On appeal, plaintiff challenges the district court's decision denying plaintiff's request to provide a jury instruction on punitive damages…
Date: November 1, 2016
Docket Number: 15-940
Justia Opinion Summary: Defendant was convicted of murder for hire and related charges. Defendant argues on appeal that the district court erred in ruling that certain defense arguments would open the door to the admission of statements made…
Date: October 28, 2016
Docket Number: 14-0767
Justia Opinion Summary: Plaintiffs filed suit alleging 42 U.S.C. 1983 claims for false arrest, malicious prosecution, abuse of process, and excessive force. Plaintiffs were arrested at a party after officers suspected that plaintiffs were…
Date: October 28, 2016
Docket Number: 15-3087
Justia Opinion Summary: Plaintiff, a union employee, filed suit alleging that his employer discriminated against him on the basis of his race and/or national origin, and retaliated against him. At issue on appeal is whether the collective…
Date: October 25, 2016
Docket Number: 14-4369
Justia Opinion Summary: Plaintiffs filed a copyright infringement suit against MP3tunes and its founder and CEO, alleging that two internet music services created by MP3tunes infringed their copyrights in thousands of sound recordings and…
Date: October 17, 2016
Docket Number: 16-132
Justia Opinion Summary: Hermitage challenges the district court's denial of its motion to disqualify counsel for Prevezon. The underlying litigation arises out of a 2013 civil forfeiture action brought by the United States alleging that…
Date: October 14, 2016
Docket Number: 15-2065
Justia Opinion Summary: Plaintiffs, five entities incorporated in the British Virgin Islands, filed suit against the Republic of Ecuador and two of Ecuador's instrumentalities, CFN and Trust, claiming that an agency of the Republic of Ecuador…
Date: October 14, 2016
Docket Number: 15-2224
Justia Opinion Summary: Defendant, the owner and operator of a freight service that couriered items to and from the United States and Canada, was found guilty of nine counts of tax-related offenses. Defendant was charged with violating 26…
Date: October 11, 2016
Docket Number: 16-134
Justia Opinion Summary: In this copyright infringement suit, plaintiffs challenged the district court's determination that defendants’ verbatim use of a portion of Abbott and Costello’s iconic comedy routine, "Who’s on First?," in the recent…
Date: October 6, 2016
Docket Number: 15-0024
Justia Opinion Summary: Defendant pled guilty to one count of possession of child pornography and then appealed his sentence of 84 months in prison. Defendant argued that the district court erred in calculating the Guidelines range by imposing…
Date: October 6, 2016
Docket Number: 15-3508
Justia Opinion Summary: Plaintiff, the widow of Louis K. Smith, who authored and copyrighted a book entitled "The Hardscrabble Zone," filed suit alleging direct and contributory copyright infringement by Barnes & Noble. Barnes & Noble, under…
Date: October 5, 2016
Docket Number: 15-2081
Justia Opinion Summary: Process America filed suit against Cynergy for breach of contract and Cynergy counterclaimed, alleging, inter alia, that Process America improperly solicited its customers. The district court held that although both…
Date: October 5, 2016
Docket Number: 15-219
Justia Opinion Summary: Petitioner, a native and citizen of the People's Republic of China, seeks review of the BIA's order affirming the IJ's denial of her application for asylum, withholding of removal, and relief under the Convention Against…
Date: October 3, 2016
Docket Number: 15-2109
Justia Opinion Summary: Plaintiffs worked at the concessions at Oriole Park, the home field of the Baltimore Orioles. Plaintiffs filed suit seeking overtime compensation under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq. DNC…
Date: September 30, 2016
Docket Number: 15-1489
Justia Opinion Summary: Plaintiff and Undercover Officer C0039’s (UC 39) appeal from the district court's judgment finding UC 39 liable for denying plaintiff his right to a fair trial by fabricating evidence in connection with criminal charges…
Date: September 27, 2016
Docket Number: 13-1194
Justia Opinion Summary: This appeal stems from the same set of underlying facts as those in In re Vivendi S.A. Securities Litigation, Nos. 15‐180‐cv(L), 15‐208‐cv(XAP), in which the court today issued a separate opinion. GAMCO, so-called "value…
Date: September 27, 2016
Docket Number: 15-180
Justia Opinion Summary: Plaintiffs, investors in Vivendi's stock during the relevant time period, filed a class action suit against Vivendi, alleging that Vivendi’s persistently optimistic representations during the relevant period constituted…
Date: September 27, 2016
Docket Numbers: 16-1231, 16-1237
Justia Opinion Summary: WWE, relying on the court's decision in Hageman v. City Investing Co., moved to dismiss these appeals on the ground that other consolidated cases remained pending in the district court. Because the McCullough and Haynes…
Date: September 26, 2016
Docket Number: 15-1672
Justia Opinion Summary: Amex appealed from the district court's decision finding that it unreasonably restrained trade in violation of section 1 of the Sherman Act, 15 U.S.C. 1, by entering into agreements containing nondiscriminatory…
Date: September 23, 2016
Docket Number: 15-1009
Justia Opinion Summary: The FTC and the State filed suit seeking to hold LeadClick liable for its role in the use of deceptive websites to market weight loss products in violation of Section 5 of the Federal Trade Commission Act (FTC Act), 15…
Date: September 23, 2016
Docket Number: 15-1028
Justia Opinion Summary: Defendant was convicted of extortion and use of a destructive device to commit extortion. Defendant's conviction arose out of his plot to extort money from Home Depot by placing a device purporting to be an inert “model”…
Date: September 23, 2016
Docket Number: 15-1683
Justia Opinion Summary: Plaintiff subscribes to data feeds through which the Exchanges provide information about securities traded on the Exchanges to an exclusive securities information processor pursuant to a plan approved by the SEC. The…
Date: September 23, 2016
Docket Number: 15-3429
Justia Opinion Summary: Plaintiff filed suit for damages against a government employee and the government under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b), 2671-80, and New York law. The claims arose out of a traffic accident…
Date: September 22, 2016
Docket Number: 15-1774
Justia Opinion Summary: Defendant plead guilty to conspiracy to traffic in narcotics and was sentenced to 188 months in prison and five years of supervised release. On appeal, defendant challenged the revocation of his supervised release and…
Date: September 21, 2016
Docket Number: 14-2437
Justia Opinion Summary: Defendant appealed his conviction for one count of conspiracy to defraud the IRS, four counts of client tax evasion, one count of IRS obstruction, and one count of mail fraud. The court concluded that the evidence was…
Date: September 20, 2016
Docket Number: 13-4791
Justia Opinion Summary: A multi-district antitrust class action was brought by plaintiffs against defendants, entities incorporated under the laws of China, alleging that defendants conspired to fix the price and supply of vitamin C sold to…
Date: September 20, 2016
Docket Number: 14-4067
Justia Opinion Summary: This case concerns employee benefits plans sponsored by AIG or its affiliates under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq. At issue is whether the Plans are "affiliates" of…
Date: September 16, 2016
Docket Number: 14-3603
Justia Opinion Summary: Plaintiffs, individually and on behalf of their respective daughters J.C. and T.H., filed suit against District Defendants and NYSED Defendants. Plaintiffs claim that the district court erred in concluding that…
Date: September 16, 2016
Docket Number: 15-2836
Justia Opinion Summary: Plaintiffs, offenders who had been subject to post-release supervision (PRS) in violation of Earley v. Murray, filed suit against defendants for the actions they took in violation of Earley I and moved for summary…
Date: September 15, 2016
Docket Number: 15-2366
Justia Opinion Summary: The principal issue in this appeal is whether the district court correctly determined the measure of compensation due to Noteholders, represented by BNY Melon, arising from the underpayment to the Noteholders by…
Date: September 12, 2016
Docket Number: 14-3721
Justia Opinion Summary: Plaintiffs, students who are currently enrolled in the District's public school system, filed suit alleging that a majority of the School Board are of the Orthodox/Hasidic Jewish faith or are sympathetic to the interests…
Date: September 9, 2016
Docket Number: 15-2411
Justia Opinion Summary: Defendant, a marketer of over-the-counter pregnancy test kits, was found liable for false advertising in violation of section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). Plaintiff, a leading competing marketer of…
Date: September 7, 2016
Docket Number: 15-3335
Justia Opinion Summary: Marvel challenges the tax court's grant of summary judgment for the Commissioner. At issue is whether Marvel's consolidated group must reduce its consolidated net operating loss (CNOL) under I.R.C. 108(b)(2)(A) by the…
Date: September 2, 2016
Docket Number: 11-2512
Justia Opinion Summary: Time Warner filed suit alleging a violation of the Sherman Act, 15 U.S.C. 1 et seq., in the tying of certain premium cable television services to the leasing of ʺinteractiveʺ set‐top cable boxes. The district court…
Date: August 31, 2016
Docket Number: 14-4208
Justia Opinion Summary: Defendant appealed his conviction of wire fraud, access device fraud, aggravated identity theft, and money laundering in connection with a scheme to make unauthorized credit card charges to the credit cards of customers…
Date: August 31, 2016
Docket Number: 14-4425
Justia Opinion Summary: Defendant was convicted of participating in a robbery conspiracy (Count One) and using and carrying firearms during and in relation to the robbery conspiracy (Count Two). The district court cited Michigan v. Long and…
Date: August 31, 2016
Docket Number: 15-3135
Justia Opinion Summary: Eleven American families filed suit against the PLO and the PA under the Anti-Terrorism Act (ATA), 18 U.S.C. 2333(a), for various terror attacks in Israel that killed or wounded plaintiffs or their families. A jury…
Date: August 30, 2016
Docket Number: 14-851
Justia Opinion Summary: Defendant was convicted of participating in a racketeering enterprise and conspiracy, and a narcotics conspiracy. Defendant was also convicted of two counts of possession of a firearm in furtherance of a crime of…
Date: August 30, 2016
Docket Number: 15-1307
Justia Opinion Summary: Plaintiffs, two former employees of Astro, filed suit against Astro, Allied, and Sirva, alleging violations of the New York State Human Rights Law (NYSHRL), N.Y. Exec. 296(15). The court noted that this case presents the…
Date: August 29, 2016
Docket Number: 15-2513
Justia Opinion Summary: Plaintiff signed an arbitration agreement providing that any disputes between her and her payday lender would be resolved by arbitration before the National Arbitration Forum (NAF). When plaintiff tried to take her case…
Date: August 29, 2016
Docket Number: 15-3239
Justia Opinion Summary: Plaintiff filed suit under Title VII of the Civil Rights Act, 42 U.S.C. 2000e et seq., and the New Your State Human Rights Law, N.Y. Exec. Law 290 et seq., alleging that she was wrongfully terminated in retaliation for…
Date: August 26, 2016
Docket Number: 14-1964
Justia Opinion Summary: Petitioner was convicted of harassment in the second degree, an offense classified as a violation under state law, and sentenced to one year’s conditional discharge, requiring one day of community service. Before…
Date: August 26, 2016
Docket Number: 14-405
Justia Opinion Summary: Plaintiff, a New York City taxi driver, filed suit under 42 U.S.C. 1983 against the United States alleging that the New York City Taxi and Limousine Commission (TLC) deprived him of his Fourth Amendment rights in various…
Date: August 25, 2016
Docket Number: 15-423
Justia Opinion Summary: After plaintiff purchased a "1 Day Diet" weight loss product containing sibutramine, a controlled substance that had been removed from the market in October 2010, on Amazon.com, he filed suit alleging claims under the…
Date: August 24, 2016
Docket Number: 11-2539
Justia Opinion Summary: Defendants Hisan Lee, Delroy Lee, Selbourne Waite, and Levar Gayle appealed from convictions on various charges of racketeering, narcotics conspiracy, Hobbs Act conspiracy, and substantive counts of Hobbs Act robbery and…
Date: August 24, 2016
Docket Number: 12-432
Justia Opinion Summary: Plaintiff filed suit against defendants alleging that she was terminated for exercising her First Amendment right to free speech when she spoke to local leaders about what she saw as a "scam" occurring in the police…
Date: August 24, 2016
Docket Number: 15-1580
Justia Opinion Summary: Plaintiffs filed suit under the Alien Tort Statute (ATS), 28 U.S.C. 1350, seeking to hold LCB, a Lebanese bank headquartered in Beirut, liable for providing international financial services to Hezbollah that they claim…
Date: August 24, 2016
Docket Number: 15-1944
Justia Opinion Summary: Petitioner suffers from a hearing impairment that requires him to use hearing aids, but those aids were broken during petitioner's trial for murder. Although petitioner told his trial counsel that he could not hear…
Date: August 24, 2016
Docket Number: 15-741
Justia Opinion Summary: Defendant appealed the revocation of his supervised release on his 2010 conviction for conspiring to traffic in cocaine and marijuana and sentence of 24 months in prison. The court concluded that where, as here,…
Date: August 22, 2016
Docket Number: 15-2037
Justia Opinion Summary: Plaintiff appealed the district court's partial grant of summary judgment to his former employer, Rockbestos, on his claims of hostile work environment and discriminatory discharge. The court held that it lacked…
Date: August 18, 2016
Docket Number: 15-455
Justia Opinion Summary: Plaintiffs, citizens of the United States and Haiti, filed suit against the UN, asserting various causes of action sounding in tort and contract, seeking to hold defendants responsible for injuries directly resulting…
Date: August 17, 2016
Docket Number: 14-1862
Justia Opinion Summary: Defendant Eric Stevenson is a former Member of the New York State Assembly representing a district in the Bronx. Stevenson was convicted of conspiracy to commit honest servies wire fraud, conspiracy to commit federal…
Date: August 15, 2016
Docket Number: 14-2442
Justia Opinion Summary: Defendants Russell and Lange were found guilty of conspiracy to commit wire fraud and securities fraud (Count Two) and substantive securities fraud (Count Three). The jury also found Russell guilty of conspiracy to…
Date: August 15, 2016
Docket Number: 15-2776
Justia Opinion Summary: Mago appealed from an order in which judgment was entered in favor of LHB after resolution of cross‐motions for summary judgment. Principally at issue is whether Mago complied with terms of a standby letter of credit…
Date: August 11, 2016
Docket Number: 15-1967
Justia Opinion Summary: Seven years after her term of probation ended, petitioner moved to have her conviction for health care fraud expunged because her conviction prevented her from getting or keeping a job as a home health aide. At issue is…
Date: August 11, 2016
Docket Number: 15-2814
Justia Opinion Summary: Petitioner commenced arbitration against his former employers, who are both members of FINRA. This appeal stems from the dismissal of a petition to vacate an arbitral award pursuant to section 10 of the Federal…
Date: August 10, 2016
Docket Number: 15-2249
Justia Opinion Summary: Plaintiffs filed suit challenging the constitutionality of certain contribution restrictions within New York City's campaign finance laws. Plaintiffs claimed that the laws’ restrictions on contributions unduly burdened…
Date: August 10, 2016
Docket Number: 15-589
Justia Opinion Summary: Cortron appealed the district court's award of damages pursuant to a jury verdict of MacDermid on its claims for violations of federal and Connecticut antitrust laws, breach of contract, misappropriation of trade…
Date: August 9, 2016
Docket Number: 14-3574
Justia Opinion Summary: Appellants claim that some aluminum futures traders, having acquired some operators of aluminum warehouses, manipulated a price component for aluminum in the Detroit metro area. The district court dismissed the…
Date: August 9, 2016
Docket Number: 16-124
Justia Opinion Summary: Petitioner seeks a certificate of appealability to challenge the district court’s order denying his Fed. R. Civ. P. 60(d) motion to set aside the court’s order denying his 28 U.S.C. 2255 motion. In Kellogg v. Strack,…
Date: August 8, 2016
Docket Number: 14-0826
Justia Opinion Summary: Defendants, the Donziger Firm and others, appealed the district court's grant of certain relief against them in favor of Chevron, in connection with an $8.646 billion judgment obtained against Chevron in Ecuador by the…
Date: August 8, 2016
Docket Number: 15-458
Justia Opinion Summary: Defendant appealed his conviction for theft of government property in violation of 18 U.S.C. 641. Defendant principally argues that his conviction of a section 641 felony violated the Grand Jury Clause of the Fifth…
Date: August 5, 2016
Docket Number: 15-2028
Justia Opinion Summary: Defendant appealed his conviction for conspiring to possess with intent to distribute a controlled substance on board an aircraft registered in the United States and possessing with intent to distribute a controlled…
Date: August 3, 2016
Docket Number: 14-1840
Justia Opinion Summary: Defendants Jiamez-Dolores and Degante-Galeno were convicted of crimes related to their involvement in a prostitution ring, which involved four separate brothels and a delivery service by which women would be driven…
Date: August 3, 2016
Docket Number: 14-3872
Justia Opinion Summary: Defendant appealed his conviction for a firearm-related murder committed in the course of a crime of violence under 18 U.S.C. 924(c), in this case, Hobbs Act robbery, as defined in 18 U.S.C. 1851(b)(1). The court held…
Date: August 3, 2016
Docket Number: 15-1887
Justia Opinion Summary: FBK moved to dismiss for lack of appellate jurisdiction SHW's appeal from the district court's ruling on motions by SHW relating to its entitlement to attorneys' fees as former counsel to certain plaintiffs in the…
Date: August 2, 2016
Docket Number: 13-4022
Justia Opinion Summary: COMMISA contracted with PEP to build oil platforms in the Gulf of Mexico. When the parties accused each other of breach of contract, COMMISA initiated arbitration proceedings, prevailed, and obtained an award of…
Date: August 2, 2016
Docket Number: 15-315
Justia Opinion Summary: Several active and former Assistant Urban Park Rangers (AUPRs) employed by the City's Parks Department alleged that they, and others similarly situated, were not paid in accordance with the requirements of the Fair Labor…
Date: August 1, 2016
Docket Number: 12-3839
Justia Opinion Summary: Defendant appealed his conviction for conspiring to distribute cocaine base, possessing a firearm in furtherance of a drug trafficking crime, and causing the death of Melissa Barratt. Defendant contends that the…
Date: August 1, 2016
Docket Number: 15-543
Justia Opinion Summary: Years after Steven Greenfield was implicated in tax evasion as a result of a document leak, the Government issued a summons for Greenfield’s records, including documents relating to all of Greenfield’s financial accounts…
Date: July 29, 2016
Docket Number: 15-1536
Justia Opinion Summary: Plaintiff, a Columbia University student, appealed the dismissal of his amended complaint for failure to state a claim. Plaintiff alleged that the University violated Title IX of the Education Amendments of 1972, 20…
Date: July 29, 2016
Docket Number: 15-1778
Justia Opinion Summary: Plaintiff, a composer and music producer, filed a copyright suit against Sony, Razor Sharp Records, and Dennis Coles, a/k/a Ghostface Killah, to enforce plaintiff's claimed ownership rights in the "Iron Man" theme song.…
Date: July 29, 2016
Docket Number: 15-3168
Justia Opinion Summary: Defendant, a mobility‐impaired inmate who suffers from cerebral palsy and scoliosis, filed suit against DOCCS under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., and Section 504 of the…
Date: July 29, 2016
Docket Number: 15-504
Justia Opinion Summary: Respondents appealed the district court's grant of petitioner's petition for a writ of habeas corpus and order that petitioner be granted an individual bond hearing before an immigration judge. The district court found…
Date: July 21, 2016
Docket Number: 15-1518
Justia Opinion Summary: Defendant was convicted of assaulting a federal officer and sentenced as a career offender principally to 180 months in prison to be followed by three years of supervised release. The court concluded that, after the…
Date: July 21, 2016
Docket Number: 15-3462
Justia Opinion Summary: Plaintiffs owned two convertible notes issued by SBAC. After converting the notes into equity and/or cash, plaintiffs filed a breach of contract claim, alleging that SBAC failed to pay the interest owed on the underlying…
Date: July 20, 2016
Docket Number: 14-1963
Justia Opinion Summary: Plaintiffs, victims of terrorist acts linked to the Islamic Republic of Iran, contend that they are entitled to enforce unsatisfied money judgments against defendants under the Foreign Sovereign Immunities Act (FSIA), 28…
Date: July 20, 2016
Docket Number: 14-2027
Justia Opinion Summary: Claimants-Appellants appealed an award of summary judgment which forfeited to the United States various claimants’ interests in multiple properties, including a 36‐story office building located at 650 Fifth Avenue in…
Date: July 19, 2016
Docket Number: 15-942
Justia Opinion Summary: Defendant appealed the denial of his motion to suppress 145 pounds of marijuana discovered in his vehicle by border patrol agents. Defendant argued that the agents seized him and searched his vehicle in violation of his…
Date: July 15, 2016
Docket Number: 14-3878
Justia Opinion Summary: Petitioner, convicted of rape and sodomy in the first degree, appealed the denial of his amended 28 U.S.C. 2254 petition for habeas relief. The petition is based on the grounds that the prosecution suppressed a…
Date: July 15, 2016
Docket Number: 15-2054
Justia Opinion Summary: Plaintiff filed a class action against The Money Store, alleging overcharge of late fees on mortgages. After plaintiff prevailed in the jury trial, the district court granted defendants' post-verdict motion to decertify…
Date: July 14, 2016
Docket Number: 14-2985
Justia Opinion Summary: Microsoft appealed from the district court's order denying its motion to quash a warrant issued under section 2703 of the Stored Communications Act (SCA), 18 U.S.C. 2701 et seq., and holding Microsoft in contempt of…
Date: July 14, 2016
Docket Number: 14-507
Justia Opinion Summary: SRM, a registered private investment fund, filed suit against Bear Stearns, its officers, and its auditor, Deloitte, after the collapse of the Bear Stearns companies. The district court dismissed SRM's claims. The court…
Date: July 14, 2016
Docket Number: 15-1055
Justia Opinion Summary: Plaintiff filed a Freedom of Information Act (FOIA), 5 U.S.C. 552 et seq., request to the CIA, requesting information regarding his father, who served in several high-level diplomatic roles on behalf of the Republic of…
Date: July 14, 2016
Docket Number: 16-1530
Justia Opinion Summary: Petitioner pleaded guilty to one count of conspiring to distribute five grams or more of cocaine base and was sentenced to 130 months in prison. The district court found that petitioner qualified as a career offender…
Date: July 13, 2016
Docket Number: 15-2844
Justia Opinion Summary: After Old GM filed for bankruptcy, New GM emerged. This case involves one of the consequences of the GM bankruptcy. Beginning in February 2014, New GM began recalling cars due to a defect in their ignition switches. Many…
Date: July 12, 2016
Docket Number: 14-4777
Justia Opinion Summary: Plaintiff filed suit against Officer Priatno and Gammone under 42 U.S.C. 1983, alleging that the officers violated his Eighth Amendment rights when they brutally beat him for talking back to another officer when he was…
Date: July 12, 2016
Docket Number: 15-776
Justia Opinion Summary: Defendant, a licensed physician, appealed convictions stemming from her participation in a broad scheme involving a number of medical services professional corporations (PCs) to defraud insurance companies in connection…
Date: July 11, 2016
Docket Number: 14-3447
Justia Opinion Summary: This case concerns a lease and a purported joint venture agreement entered into between defendant and his now-deceased father, the former president and majority shareholder of a real estate development corporation. The…
Date: July 8, 2016
Docket Number: 15-1282
Justia Opinion Summary: The United States appealed from an order suppressing statements made by defendant during a two‐hour interview that was conducted in her home while a search warrant was being executed. The court concluded that, based on…
Date: July 8, 2016
Docket Number: 15-582
Justia Opinion Summary: Petitioner, a native and citizen of Barbados, and lawful permanent resident of the United States, seeks review of the BIA's order affirming the IJ's denial of petitioner's application for cancellation of removal.…
Date: July 7, 2016
Docket Number: 13-4865
Justia Opinion Summary: Defendants Rivernider and Ponte plead guilty to charges arising from their orchestration of a Ponzi scheme and a related real estate scheme, in which defendants induced victims to purchase properties using mortgages…
Date: July 7, 2016
Docket Number: 14-181
Justia Opinion Summary: Plaintiff filed suit against NYCHA, alleging that its decision not to hire her as a bricklayer was sex-based and thus violated Title VII of the Civil Rights Act, 42 U.S.C. 2000e et seq.; the New York State Human Rights…
Date: July 7, 2016
Docket Number: 14-4156
Justia Opinion Summary: Defendant was convicted of charges related to his role as a closing attorney in several real estate transactions in upstate New York from approximately 2001 until 2007. The court focused primarily on defendant's…
Date: July 6, 2016
Docket Number: 15-1086
Justia Opinion Summary: Laroe, a real estate development company, appealed the denial of its motion to intervene under FRCP 24 in pending litigation in which a now-deceased land developer filed suit against the Town of Chester, alleging a…
Date: July 1, 2016
Docket Number: 15-2454
Justia Opinion Summary: Defendant appealed his conviction for narcoterrorism conspiracy (Count One); cocaine-importation conspiracy (Count Two); conspiracy to provide material support to a foreign terrorist organization (Count Three); and…
Date: June 30, 2016
Docket Number: 12-4671
Justia Opinion Summary: In an antitrust class action brought on behalf of approximately 12 million merchants against Visa and Mastercard, as well as other various banks, plaintiffs alleged conspiracy in violation of Section 1 of the Sherman…
Date: June 29, 2016
Docket Number: 14-3631
Justia Opinion Summary: Petitioner, a citizen of Germany, seeks review of the BIA's dismissal of his appeal from the IJ's order of removal. Petitioner argued that his conviction for possession of child pornography under New York Penal Law…
Date: June 29, 2016
Docket Number: 15-3063
Justia Opinion Summary: OneWest commenced a foreclosure action against defendant. The district court denied defendant's cross-motion to dismiss and granted OneWest's motion for summary judgment. The district court held in part that a national…
Date: June 27, 2016
Docket Number: 15-717
Justia Opinion Summary: Plaintiffs filed suit alleging that defendant fraudulently obtained his federal trademark registration for the PUDGIE’S mark in connection with restaurants that principally serve pizza, pasta, and submarine sandwiches.…
Date: June 24, 2016
Docket Number: 13-1708
Justia Opinion Summary: This case arose when Leeward and AUA entered into an agreement for Leeward to build a medical school for AUA in Antigua. AUA subsequently appealed the district court's confirmation of an international arbitration award…
Date: June 24, 2016
Docket Number: 14-3920
Justia Opinion Summary: Petitioner appealed the denial of habeas relief under 28 U.S.C. 2254, alleging that his right to be free from double jeopardy was violated when the New York State court that had sentenced him in 2000 to 11 years of…
Date: June 23, 2016
Docket Number: 14-3874
Justia Opinion Summary: Plaintiff pro se filed suit alleging claims against defendants which arise out of events spanning more than a decade and principally concern the Village’s allegedly wrongful interference with his business interests and…
Date: June 21, 2016
Docket Number: 15-2238
Justia Opinion Summary: Plaintiffs filed suit against the Town alleging claims under the Fair Housing Act (FHA), Title VIII of the Civil Rights Act of 1968, as amended 42 U.S.C. 3601 et seq. Plaintiff obtained limited variances from a land-use…
Date: June 20, 2016
Docket Number: 14-3724
Justia Opinion Summary: Tarala, a Colorado corporation that is the principal supplier of clothing and military equipment to Nepal, and Wu Lixiang, the director of the company that helps Tarala coordinate the logistics of its international…
Date: June 20, 2016
Docket Number: 15-1574
Justia Opinion Summary: WCC, an employers' association, challenged the district court's order vacating an award issued in an arbitration between WCC and the District Council. The district court vacated the award, holding that the award did not…
Date: June 17, 2016
Docket Number: 15-985
Justia Opinion Summary: Defendant John G. Rowland, the former governor of Connecticut, appealed his conviction of seven counts of violating campaign-finance laws and falsifying records. The court concluded that the broad language of 18 U.S.C.…
Date: June 16, 2016
Docket Number: 14-1048
Justia Opinion Summary: The Digital Millennium Copyright Act of 1998 (DMCA), 17 U.S.C. 512(c), establishes a safe harbor which gives qualifying Internet service providers protection from liability for copyright infringement when their users…
Date: June 16, 2016
Docket Number: 15-0603
Justia Opinion Summary: In 2004, an AG investigation focused on an alleged bid‐rigging scheme involving Marsh and several insurance carriers. Marsh's counsel asked two employees, William Gilman and Edward McNenney, Jr., to sit for interviews,…
Date: June 14, 2016
Docket Number: 13-1706
Justia Opinion Summary: Defendant pleaded guilty to child pornography charges and was sentenced to 60 years in prison. On appeal, defendant challenged his sentence, arguing that the district court miscalculated his guidelines range and that the…
Date: June 13, 2016
Docket Number: 14-3343
Justia Opinion Summary: Plaintiff filed suit alleging trademark infringement in violation of the Lanham Act, 15 U.S.C. 1114, and other claims on the basis that defendant's trademark logo was confusingly similar to plaintiff's trademark. The…
Date: June 7, 2016
Docket Number: 15-1786
Justia Opinion Summary: Plaintiff filed suit asserting claims for violation of his First Amendment rights under Bivens v. Six Unknown Named Agents, and for false imprisonment and negligence under the Federal Tort Claims Act (FTCA), 28 U.S.C.…
Date: June 3, 2016
Docket Number: 14-4116
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 and state law for false arrest, excessive force, assault, failure to intervene, and unlawful entry. The district court granted summary judgment as to the claims of unlawful entry…
Date: June 2, 2016
Docket Number: 15-1152
Justia Opinion Summary: Plaintiff filed a qui tam action under the New York False Claims Act (NYFCA), N.Y. Stat Fin. Law 187 et seq., on behalf of the State and the City against Wells Fargo for fraudulent avoidance of New York tax obligations.…
Date: June 2, 2016
Docket Number: 15-1667
Justia Opinion Summary: The Nation filed suit against defendants contending that the federal Indian Gaming Regulatory Act (IGRA), 25 U.S.C. 2701‐2721, preempts the application of a local anti‐gambling ordinance to a Nation‐owned gaming facility…
Date: June 1, 2016
Docket Number: 15-1829
Justia Opinion Summary: Defendant challenged the denial of his motion for a sentence modification under 18 U.S.C. 3582(c)(2). Defendant had received a sentence modification in 2011 based upon Amendment 750 to the Sentencing Guidelines and…
Date: June 1, 2016
Docket Number: 15-2103
Justia Opinion Summary: After the SEC commenced an administrative proceeding conducted by an ALJ against appellants, appellants contend that the SEC's administrative proceeding is unconstitutional because the presiding ALJ's appointment…
Date: June 1, 2016
Docket Number: 15-665
Justia Opinion Summary: Ficarra filed suit against petitioner, asserting claims of negligence stemming from a tort involving a vessel on navigable waters. More specifically, the case involves a diving accident off a recreational vessel anchored…
Date: May 31, 2016
Docket Number: 14-4679
Justia Opinion Summary: On this interlocutory appeal, the United States challenges the district court's order suppressing drugs and money seized incident to defendant's arrest in the home of Shonsai Dickson. The court concluded that, whether…
Date: May 25, 2016
Docket Number: 14-4155
Justia Opinion Summary: Plaintiff, a former employee of Power Solutions, filed suit under the False Claims Act (FCA), 31 U.S.C. 3729 et seq., alleging that Power Solutions and others made fraudulent representations to the United States in…
Date: May 23, 2016
Docket Number: 13-3565
Justia Opinion Summary: Plaintiffs filed numerous antitrust suits alleging that the Banks colluded to depress LIBOR by violating the rate‐setting rules, and that the payout associated with the various financial instruments was thus below what…
Date: May 23, 2016
Docket Number: 15-496
Justia Opinion Summary: Defendants were found liable under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), 12 U.S.C. 1833a, for mail and wire fraud affecting a federally insured financial institution. The…
Date: May 20, 2016
Docket Number: 14-1346
Justia Opinion Summary: Fireman’s Fund, Great American, and MSI issued insurance policies that provided various coverages for a dry dock in Port Arthur, Texas owned by Signal. After the dry dock sank in 2009, Signal and Fireman’s Fund sought…
Date: May 20, 2016
Docket Number: 15-1019
Justia Opinion Summary: Plaintiff, on behalf of herself and her son, K.T., filed suit under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq., against the DOE. At issue is the adequacy of three individualized…
Date: May 20, 2016
Docket Number: 15-2078
Justia Opinion Summary: Petitioner challenged an administrative summons issued by the IRS after it issued an approximately $25 million penalty against petitioner and his company. The district court granted the government's motion to dismiss the…
Date: May 20, 2016
Docket Number: 15-27
Justia Opinion Summary: Petitioner, a native and citizen of the Dominican Republic, seeks review of the BIA's decision affirming the IJ's denial of his applications for a waiver of deportation under former Immigration and Nationality Act…
Date: May 19, 2016
Docket Number: 14-3633
Justia Opinion Summary: After plaintiff's daughter was murdered, plaintiff filed suit alleging claims related to her daughter's death. The district court granted summary judgment for defendants. Plaintiff filed a notice of appeal, the district…
Date: May 19, 2016
Docket Number: 14-3648
Justia Opinion Summary: The FDIC filed suit under the Securities Act of 1933, 15 U.S.C. 77a et seq., as receiver for Colonial. The complaint was timely under the terms of the FDIC Extender Statute, 12 U.S.C. 1821(d)(14)(A), because it was filed…
Date: May 19, 2016
Docket Number: 15-1514
Justia Opinion Summary: Defendants appealed the district court's denial of their motion for judgment as a matter of law (JMOL) under Federal Rule of Civil Procedure 50, or alternatively for a new trial under Rule 59, or relief from the judgment…
Date: May 18, 2016
Docket Number: 14-3456
Justia Opinion Summary: ISC filed suit against SU and Sondra Schneider, alleging that SU's use of ISC's certification mark violated the Lanham Act, 15 U.S.C. 1051 et seq., and constituted infringement under 15 U.S.C. 1114, false designation of…
Date: May 17, 2016
Docket Number: 13-3412
Justia Opinion Summary: Defendant, the former New York State Governor, launched the Sexually Violent Predator Initiative, which provided for the involuntary civil commitment at state psychiatric facilities of some ʺsexually violent predatorsʺ…
Date: May 17, 2016
Docket Number: 14-3435
Justia Opinion Summary: After Ashley Reed sold counterfeit Fendi goods to Burlington and others, Fendi filed suit against Ashley Reed. USF&G, Ashley Reed's insurer, filed suit against Fendi and Ashley Reed, seeking a declaration that it owed no…
Date: May 17, 2016
Docket Number: 14-4774
Justia Opinion Summary: Plaintiff appealed the dismissal of his suit brought under the False Claims Act (FCA), 31 U.S.C. 3729(a)-(b), and state analog. Plaintiff alleged that Pfizer, his former employer, improperly marketed Lipitor as…
Date: May 16, 2016
Docket Number: 14-2082
Justia Opinion Summary: Defendant appealed his sentence after being convicted of charges related to his involvement in a wire fraud conspiracy. The court concluded that the district court erred in determining that defendant was a leader or…
Date: May 16, 2016
Docket Number: 14-4353
Justia Opinion Summary: Apotex filed suit alleging that Acorda filed a sham citizen petition with the FDA to hinder approval of Apotex's competing formulation of a drug for treating spasticity, in violation of Section 2 of the Sherman Act, 15…
Date: May 13, 2016
Docket Number: 14-3993
Justia Opinion Summary: Plaintiffs, two individual psychiatrists and three professional associations of psychiatrists, filed suit against defendants, four health‐insurance companies, alleging that the health insurers’ reimbursement practices…
Date: May 13, 2016
Docket Number: 15-827
Justia Opinion Summary: Petitioner, convicted of drug-related charges, appealed the denial of his 28 U.S.C. 2255 motion to vacate his conviction and sentence, alleging that his counsel appointed under the Criminal Justice Act (CJA), 18 U.S.C.…
Date: May 12, 2016
Docket Number: 15-832
Justia Opinion Summary: Plaintiffs filed a class action alleging that federal student loans were fraudulently procured on their behalf when the Wilford beauty schools falsely certified that plaintiffs had an ability‐to‐benefit (ATB) from the…
Date: May 11, 2016
Docket Number: 15-2816
Justia Opinion Summary: Ritchie filed suit against GECC for civil conspiracy to commit fraud, for aiding and abetting fraud, and for negligence in connection with Thomas Petters' Ponzi scheme. The district court granted GECC's motion to dismiss…
Date: May 10, 2016
Docket Number: 15-1072
Justia Opinion Summary: Plaintiffs filed a class action suit against defendants, alleging that they charged plaintiffs more than the statutory maximum fees allowed by N.Y. Pub. Health Law 18(2)(d) and (e) for providing copies of plaintiffs'…
Date: May 5, 2016
Docket Number: 15-2449
Justia Opinion Summary: Relators filed a qui tam action under the False Claims Act (FCA), 31 U.S.C. 3729(a)(1)(A), alleging that Wells Fargo defrauded the government within the meaning of the FCA by falsely certifying that they were in…
Date: May 4, 2016
Docket Number: 15-536
Justia Opinion Summary: Defendant was convicted of one count of investment adviser fraud, one count of securities fraud, four counts of wire fraud, and six counts of offenses in violation of the Travel Act, 18 U.S.C. 1952. Defendant raised…
Date: May 3, 2016
Docket Number: 15-963
Justia Opinion Summary: Defendant was convicted of four counts of sexual exploitation of a minor and related charges. On appeal, defendant challenged the district court's 2015 decision modifying the special conditions of supervised release that…
Date: April 29, 2016
Docket Number: 14-1591
Justia Opinion Summary: Plaintiff, an inmate at the Attica Correctional Facility, filed suit under 42 U.S.C. 1983, alleging that while he was incarcerated at Attica, defendant corrections officers Dennis Fleckenstein and Chester Kosmowski…
Date: April 28, 2016
Docket Number: 15-3023
Justia Opinion Summary: Plaintiff Vikas Goel founded and managed a computer‐equipment distribution company called eSys Informatics, Ltd. Plaintiff contracted to sell fifty‐one percent of eSys’s shares to Teledata, an Indian company purporting…
Date: April 28, 2016
Docket Number: 15-996
Justia Opinion Summary: Defendant, a member of the New York City Council, was convicted of two counts of wire fraud, 18 U.S.C. 1343, 1346; two counts of violating the Travel Act, 18 U.S.C. 1952; and one count of conspiracy to commit both…
Date: April 27, 2016
Docket Number: 14-2619
Justia Opinion Summary: BNY appealed the district court's grant of summary judgment for Morgan Stanley, arguing that the district court erred in concluding, as a matter of law, that Morgan Stanley was not contractually obliged to repurchase a…
Date: April 26, 2016
Docket Number: 14-3636
Justia Opinion Summary: Plaintiff, a corrections officer at the Ulster County Jail, filed suit against the County and its officials, alleging that the denial of her request for an accommodation under the County's light duty policy amounted to…
Date: April 26, 2016
Docket Number: 15-3392
Justia Opinion Summary: Plaintiff filed suit against her former employer, alleging that defendant unlawfully retaliated against her for opposing an employment practice proscribed by Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et…
Date: April 25, 2016
Docket Number: 15-2801
Justia Opinion Summary: The NFL suspended New England Patriots quarterback Tom Brady for four games because of his involvement in a scheme to deflate footballs during the 2015 AFC Championship Game. After Brady requested arbitration, League…
Date: April 21, 2016
Docket Number: 14-2163
Justia Opinion Summary: Defendant appealed his conviction for child pornography-related charges, arguing that his plea was invalid because in accepting his guilty plea the district court failed to adhere strictly to Rule 11 of the Federal Rules…
Date: April 21, 2016
Docket Number: 15-35
Justia Opinion Summary: This case stems from a dispute between the parties regarding the ownership of a 7.35 carat pear-shaped diamond. WGDC consigned the diamond to celebrity fashion stylist, Derek Khan. Khan, without WGDCʹs permission,…
Date: April 18, 2016
Docket Number: 15-1589
Justia Opinion Summary: Evelyn Gustafson, plaintiff's decedent, filed suit against Target after she was injured from a fall in a Target bathroom. Gustafson alleged that Target was negligent in maintaining the bathroom door, which closed with…
Date: April 14, 2016
Docket Number: 14-2020
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against defendants, asserting various First and Fourth Amendment claims. On appeal, plaintiff challenged the district court's dismissal of his action with prejudice. The district…
Date: April 14, 2016
Docket Number: 14-4464
Justia Opinion Summary: Defendant pleaded guilty to wire fraud conspiracy and aggravated identity theft. On appeal, defendant challenged the district court's application of a six-level enhancement under USSG 2B1.1(b)(2)(C) because the offense…
Date: April 13, 2016
Docket Number: 15-1164
Justia Opinion Summary: Appellee Flo & Eddie, Inc. filed suit against Appellant Sirius on behalf of itself and a class of owners of pre-1972 recordings, asserting claims for common-law copyright infringement and unfair competition under New…
Date: April 12, 2016
Docket Number: 14-2853
Justia Opinion Summary: Plaintiffs filed suit against Pfizer and others, alleging violations of federal securities laws because Pfizer made fraudulent misrepresentations and fraudulently omitted to disclose information regarding the safety of…
Date: April 12, 2016
Docket Number: 14-4055
Justia Opinion Summary: Congress empowered the Department of Labor to issue rules and regulations governing claims procedures for employee benefit plans under Sections 503 and 505 of the Employee Retirement Income Security Act of 1974 (ERISA),…
Date: April 11, 2016
Docket Number: 14-2554
Justia Opinion Summary: Plaintiff appealed the district court's grant of qualified immunity to Defendant Police Officer Patterson. The district court dismissed plaintiff's claim against Patterson by reason of his having seized her for…
Date: April 11, 2016
Docket Number: 15-2137
Justia Opinion Summary: This case originated in a sex‐discrimination lawsuit by plaintiffs against their former employer, Lyons. Interested party-appellant Garrison appealed various factual determinations made by the district court in granting…
Date: March 29, 2016
Docket Number: 14-4140
Justia Opinion Summary: Plaintiffs filed suit against defendants, alleging securities fraud in violation of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. 78j(b), Section 20(a) of the Exchange Act, 15 U.S.C. 78t(a), and…
Date: March 25, 2016
Docket Number: 14-904
Justia Opinion Summary: The district court granted petitioner's request for the return of his son, the son whose custody he and respondent shared in Singapore, and the court affirmed. In this appeal, petitioner seeks an order directing…
Date: March 24, 2016
Docket Number: 13-3992
Justia Opinion Summary: Appellants, representatives of certain unsecured creditors of the Chapter 11 debtor Tribune Company, appealed the grant of a motion to dismiss their state law, constructive fraudulent conveyance claims brought against…
Date: March 24, 2016
Docket Number: 14-543
Justia Opinion Summary: Plaintiff filed a class action against the Commissioner, challenging New York’s coverage restrictions on certain medical services provided under its Medicaid plan. Plaintiffs argued that New York’s 2011 plan amendments,…
Date: March 23, 2016
Docket Number: 14-1634
Justia Opinion Summary: Garden City appealed from a final judgment finding it liable for violations of the Fair Housing Act, 42 U.S.C. 3601 et seq.; 42 U.S.C. 1981; 42 U.S.C. 1983; and the Equal Protection Clause. Plaintiffs cross-appealed from…
Date: March 23, 2016
Docket Number: 15-425
Justia Opinion Summary: Plaintiff appealed the award of costs against it in a False Claims Act (FCA), 31 U.S.C. 3729-3733, case, arguing that the district court improperly ordered it to pay defendants the costs of deposition transcripts under…
Date: March 22, 2016
Docket Number: 15-1584
Justia Opinion Summary: Plaintiffs filed suit against defendant under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692e, alleging that they received collection notices that were misleading because they stated the “current…
Date: March 21, 2016
Docket Numbers: 14-4141, 14-4457
Justia Opinion Summary: Binder, a law firm representing claimants before the SSA, appealed from summary judgment in two related cases where Binder seeks past attorney's fees. When Binder sought to hold the SSA liable for the fees, the district…
Date: March 21, 2016
Docket Number: 14-619
Justia Opinion Summary: Petitioner, a native and citizen of Guatemala, petitioned for review of the BIA's decision declining to certify, pursuant to 8 C.F.R. 1003.1(c), his untimely appeal of the May 14, 2013 order of removal of the IJ. The…
Date: March 18, 2016
Docket Number: 13-3933
Justia Opinion Summary: Plaintiffs, seven entities who are collectively attempting to develop a casino-resort complex in the Catskills, filed suit under the Sherman Act, 15 U.S.C. 1, 2, alleging that defendants entered into an anti-competitive…
Date: March 18, 2016
Docket Number: 15-2229
Justia Opinion Summary: Plaintiffs filed suit on behalf of a putative class of former participants in an employee stock ownership plan (ESOP) invested exclusively in Lehman’s common stock, alleging that the Plan Committee Defendants, who were…
Date: March 17, 2016
Docket Number: 13-2919
Justia Opinion Summary: Flanagan appealed the district court's denial of the law firm's request for attorneys' fees drawn from a settlement fund in a consolidated securities class action. The court held that the standard set forth in In re…
Date: March 17, 2016
Docket Number: 14-0894
Justia Opinion Summary: DeKalb filed suit against defendants, alleging violations of Sections 14(a) and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. 78n(a), 78t(a), and SEC Rule 14a‐9, 17 C.F.R. 240.14a‐9. The court held that…
Date: March 17, 2016
Docket Number: 15-888
Justia Opinion Summary: After plaintiff was terminated for taking time off work to care for her sons, plaintiff filed suit against the CIA and two of her supervisors under the Family and Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq., and the…
Date: March 15, 2016
Docket Number: 14-2957
Justia Opinion Summary: Plaintiff, a former inmate at Bedford Hills Correctional Facility, filed suit alleging claims related to her period of incarceration at Bedford Hills. Plaintiff alleged that three female officers grabbed her, threw her…
Date: March 8, 2016
Docket Number: 14-2475
Justia Opinion Summary: Plaintiff, a former inmate on Rikers Island, filed suit against several correction officers and prison officials, as well as the City, claiming that the officers used excessive force against him and then fabricated…
Date: March 8, 2016
Docket Number: 15-1403
Justia Opinion Summary: Plaintiff filed suit against defendants, alleging common-law fraud and violations of the Truth in Lending Act (TILA), 15 U.S.C. 1601 et seq. Plaintiff alleged that she never agreed to the mortgage loan at issue. The…
Date: March 7, 2016
Docket Number: 14-2483
Justia Opinion Summary: Defendant pleaded guilty to all counts related to his sexual abuse of his stepdaughter over the course of 5 years. Determining that it has appellate jurisdiction, the court held that a judgment of conviction is final for…
Date: March 7, 2016
Docket Number: 14-3817
Justia Opinion Summary: This appeal stemmed from a dispute regarding a contract the parties entered into, which gave Lewmar the exclusive right to manufacture and sell Steinerʹs patented sailboat winch handle, a device used to control the lines…
Date: March 7, 2016
Docket Number: 15-3006
Justia Opinion Summary: Petitioner moved for remand of his third 28 U.S.C. 2255 motion, arguing that the motion is not successive. The court concluded that the section 2255 motion was properly transferred to this court as successive because it…
Date: March 4, 2016
Docket Number: 14-3555
Justia Opinion Summary: Plaintiff filed suit against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2675(a), after surgery at a VA medical center rendered him quadriplegic. The district court found the VA liable for…
Date: March 4, 2016
Docket Numbers: 15-588, 15-623
Justia Opinion Summary: Plaintiffs filed suit under federal securities laws and state blue sky laws, alleging that Sanofi made materially false or misleading statements regarding its breakthrough drug, Lemtrada, designed to treat multiple…
Date: March 3, 2016
Docket Number: 15-1997
Justia Opinion Summary: AFDI, a pro‐Israel advocacy organization known for its criticism of Islam, submitted an advertisement for display on the back of MTA buses. The MTA, invoking the provision in its advertising standards barring the display…
Date: March 2, 2016
Docket Number: 14-360
Justia Opinion Summary: Defendant was convicted of one count of conspiracy to distribute or possess with the intent to distribute 500 grams or more of cocaine and seven counts of transaction structuring for the purpose of evading currency…
Date: February 29, 2016
Docket Number: 14-1934
Justia Opinion Summary: Petitioner, convicted of first-degree manslaughter and criminal possession of a weapon in the second degree, was sentenced to concurrent prison terms of fifteen years, to be followed by five years of supervised release,…
Date: February 24, 2016
Docket Number: 13-2894
Justia Opinion Summary: Count 21 of the indictment charged Defendants Martinez and Ortega with aiding and abetting a violation of 18 U.S.C. 924(c), using or carrying a firearm in relation to a crime of violence or possessing a firearm in…
Date: February 24, 2016
Docket Number: 15-374
Justia Opinion Summary: Plaintiff filed suit against his former law firm and five of its partners, alleging that he had been forced to resign after blowing the whistle on what he considered to be the firm’s unethical litigation conduct. The…
Date: February 24, 2016
Docket Number: 15-97
Justia Opinion Summary: Hapag‐Lloyd filed an Interpleader Complaint and moved ex parte for an anti‐suit injunction under 28 U.S.C. 2361. The district court granted the motion and enjoined named defendants. The court concluded that adjudication…
Date: February 23, 2016
Docket Number: 13-2095
Date: February 22, 2016
Docket Number: 14-3925
Justia Opinion Summary: This case stems from a feud over local governance matters. The threshold issue is whether the court has appellate jurisdiction over the district court’s order passing on the merits of defendants’ special motions to…
Date: February 22, 2016
Docket Number: 14-4700
Justia Opinion Summary: Defendant appealed his sentence for illegally reentering the United States. The court agreed with defendant that his sentence was procedurally unreasonable because the district court erred in holding that his prior…
Date: February 22, 2016
Docket Number: 15-1666
Justia Opinion Summary: Plaintiff filed a putative class action against Northland, alleging that it violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq., by sending him and other class members a debt collection letter…
Date: February 18, 2016
Docket Number: 14-4083
Justia Opinion Summary: Plaintiff filed suit against Lockheed and others for injuries suffered by her father as a result of asbestos exposure sustained by him during his work as an Air Force mechanic in locations in Europe and around the United…
Date: February 17, 2016
Docket Number: 14-4176
Justia Opinion Summary: Defendant, a lawyer and real estate broker, appealed the district court's imposition of criminal forfeiture in the amount of $1,273,285.50, arguing that the district court erred when it declined to consider defendant’s…
Date: February 16, 2016
Docket Number: 14-2270
Justia Opinion Summary: Plaintiff filed suit under federal and state laws, alleging that Defendant Hardwick, the former mayor of the Village of Freeport, had not appointed him chief of police because plaintiff was a white Italian‐American, and…
Date: February 16, 2016
Docket Number: 14-3123
Justia Opinion Summary: The district court issued an injunction prohibiting FilmOn from distributing copyrighted content owned by plaintiffs. On appeal, FilmOn and its CEO, Alkiviades David, appealed the district court's judgment holding FilmOn…
Date: February 16, 2016
Docket Number: 15-869
Justia Opinion Summary: Plaintiffs filed suit claiming that American Airlines violated its obligation under the McCaskill‐Bond amendment to the Federal Aviation Act, 49 U.S.C. 42112 note, to provide for the integration of the American Airlines…
Date: February 11, 2016
Docket Number: 12-2163
Justia Opinion Summary: Petitioner, a native and citizen of the People's Republic of China, petitioned for review of the BIA's determination that an IJ's findings of fact are clearly erroneous. The court concluded that, although the BIA…
Date: February 11, 2016
Docket Number: 14-4120
Justia Opinion Summary: Defendant appealed his conviction of two counts of intentional murder while engaged in a drug trafficking offense, in violation of 21 U.S.C. 848(e)(1)(A). On appeal, defendant raised three challenges related to section…
Date: February 10, 2016
Docket Number: 13-2068
Justia Opinion Summary: Defendant appealed his conviction for drug and firearm-related charges, arguing that the district court erred by excluding from calculation, for purposes of the Speedy Trial Act (STA), 18 U.S.C. 3161, forty days of delay…
Date: February 8, 2016
Docket Number: 13-3031
Justia Opinion Summary: Defendant was convicted of possessing cocaine base with the intent to distribute and for possessing ammunition as a felon. Both parties appealed. The court concluded that the evidence was sufficient to convict defendant…
Date: February 5, 2016
Docket Number: 14-2556
Justia Opinion Summary: Plaintiff filed suit against her employer, OAG, alleging discrimination in violation of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq. OAG moved to dismiss for lack of subject matter, arguing that…
Date: February 4, 2016
Docket Number: 15-164
Justia Opinion Summary: In 2000, the Secretary of Health and Human Services issued a regulation, known as the “reclassification rule,” 42 C.F.R. 412.230(a)(5)(iii), which provided that a hospital that has been reclassified from urban to rural…
Date: February 3, 2016
Docket Number: 14-917
Justia Opinion Summary: Plaintiffs filed suit alleging that SK Fund, a sovereign wealth fund of the Republic of Kazakhstan, misrepresented the value of certain notes issued by non‐party BTA, a Kazakhstani corporation majority‐owned by SK Fund,…
Date: February 2, 2016
Docket Number: 14-2197
Justia Opinion Summary: Defendant was convicted of conspiring to engage in a racketeering enterprise in violation of the Racketeering Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1962(c) and (d); using, carrying, and possessing a…
Date: February 1, 2016
Docket Number: 13-3592
Justia Opinion Summary: Plaintiff, a former inmate of DOCCS, filed suit against New York State officials and employees for violating and conspiring to violate his right to due process in connection with the rescission of his grant of parole. On…
Date: February 1, 2016
Docket Number: 14-1921
Justia Opinion Summary: Defendant appealed his 46-month sentence after pleading guilty to being a felon in possession of a firearm. The court affirmed the sentence but wrote to suggest to the Sentencing Commission and the Judicial Conference of…
Date: January 29, 2016
Docket Number: 13-3333
Justia Opinion Summary: Defendant, who conditionally plead guilty to being a felon in possession of a firearm, appealed the district court's denial of his motion to suppress physical evidence recovered and statements made following his…
Date: January 29, 2016
Docket Number: 14-2383
Justia Opinion Summary: Defendant appealed his 20 year sentence after pleading guilty to three firearms violations. The court held that there was no error in the district court’s decision not to expressly discuss and reject defendant’s…
Date: January 28, 2016
Docket Number: 14-3751
Justia Opinion Summary: Plaintiff, a police officer and a member and officer of the police union, filed suit under 42 U.S.C. 1983, alleging that defendant, a police chief, violated his First Amendment rights by retaliating against him for…
Date: January 28, 2016
Docket Number: 14-4036
Justia Opinion Summary: The shipper petitioner appealed the district court's order confirming an arbitration award and award of attorney's fees and costs to the respondent carrier. The court concluded that the shipper has not established any…
Date: January 28, 2016
Docket Number: 15-0345
Justia Opinion Summary: Five former employees of Credit Suisse began arbitration proceedings before FINRA concerning employment-related disputes. The employees had entered into employment agreements with Credit Suisse that included provisions…
Date: January 26, 2016
Docket Number: 13-3792
Justia Opinion Summary: Main Street filed suit under the Freedom of Information Act (FOIA), 5 U.S.C. 552(a)(4)(B), seeking a judicial order compelling the NSC to produce requested records. The district court concluded that the NSC was not an…
Date: January 26, 2016
Docket Number: 14-4071
Justia Opinion Summary: FOA filed suit challenging the FWS's issuance of a “depredation permit” to the Port Authority, which authorizes the emergency “take” of migratory birds that threaten to interfere with aircraft at JFK airport. On appeal,…
Date: January 20, 2016
Docket Number: 14-3078
Justia Opinion Summary: The Department appealed a judgment awarding plaintiffs reimbursement under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq., for one year of private school education for their daughter, L.K.…
Date: January 15, 2016
Docket Number: 14-3106
Justia Opinion Summary: Tyrone Simmons, a writer and performer of hip hop music, filed suit against hip hop producer William C. Stanberry, Jr., rapper 50 Cent, and various corporate entities involved in the production and distribution of the…
Date: January 5, 2016
Docket Number: 14-4721
Justia Opinion Summary: This case stemmed from rival claims to the “Stolichnaya” trademarks. FTE and Cristall alleged that defendants unlawfully misappropriated and commercially exploited the Stolichnaya trademarks related to the sale of vodka…
Date: January 4, 2016
Docket Number: 15-527
Justia Opinion Summary: Plaintiff appealed the district court's judgment in favor of Ocwen and dismissal of plaintiff's complaint alleging various causes of action under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692. At issue…
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