2017 Second Circuit US Court of Appeals Case Law

Arias v. Gutman, Mintz, Baker & Sonnenfeldt LLP  
Date: November 14, 2017
Docket Number: 16-2165

Justia Opinion Summary: A debt collector engages in unfair or unconscionable litigation conduct in violation of section 1692f when, as alleged here, it in bad faith unduly prolongs legal proceedings or requires a consumer to appear at an unnece...

Nick's Garage, Inc. v. Progressive Casualty Insurance Co.  
Date: November 8, 2017
Docket Number: 15-1426

Justia Opinion Summary: Plaintiff, as assignees of its customers against the insurer, appealed the district court's grant of summary judgment for the insurer. Plaintiff alleged that the insurer failed to pay sufficient funds to fulfill its obli...

Waggoner v. Barclays PLC  
Date: November 6, 2017
Docket Number: 16-1912

Justia Opinion Summary: The Second Circuit affirmed the district court's order granting plaintiffs' motion for class certification in an action asserting violations of section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. 78j(b). The...

Yarur Bascunan v. Yarur Elsaca  
Date: October 30, 2017
Docket Number: 16-3626

Justia Opinion Summary: Plaintiff filed suit against defendant, alleging that defendant, who had power of attorney over plaintiff's finances, stole millions of dollars from him through fraudulent financial schemes. The district court granted de...

In re Complaint of Buchanan Marine, L.P.  
Date: October 27, 2017
Docket Number: 16-1092

Justia Opinion Summary: After claimant was injured while inspecting a moored barge, he filed claims against the barge company as his employer, the owner of the barge, and the operator of the rock processing facility, under the Jones Act, 46 U.S...

Dufort v. City of New York  
Date: October 27, 2017
Docket Number: 16-1715

Justia Opinion Summary: Plaintiff appealed the district court's grant of summary judgment to defendants on his claims under 42 U.S.C. 1983 and the Fourth and Fifth Amendments for false arrest, malicious prosecution, and violation of due process...

Yu v. Hasaki Restaurant, Inc.  
Date: October 23, 2017
Docket Number: 17-1067

Justia Opinion Summary: The Second Circuit granted leave to file a petition for 28 U.S.C. 1292(b) review. At issue was whether petitioners' notice of appeal, which was filed within ten days of the district court's order sought to be reviewed, w...

In re MPM Silicones, LLC  
Date: October 20, 2017
Docket Number: 15-1771

Justia Opinion Summary: Three groups of creditors appealed MPM's substantially consummated plan of reorganization under Chapter 11 of the Bankruptcy Code. The Subordinated Notes holders challenged the lower courts' conclusions that their claims...

Ganek v. Leibowitz  
Date: October 17, 2017
Docket Number: 16-1463

Justia Opinion Summary: The Second Circuit reversed the district court's denial of qualified immunity for federal law enforcement authorities in an action for money damages pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Nar...

Cohen v. Postal Holdings, LLC  
Date: October 11, 2017
Docket Number: 16-2657

Justia Opinion Summary: The Second Circuit vacated the district court's order granting summary judgment for Postal Holdings on Connecticut state law claims of private nuisance and negligence brought by plaintiffs. The court remanded with instru...

United States v. Jones  
Date: October 5, 2017
Docket Number: 15-1518

Justia Opinion Summary: Defendant appealed his 180 month sentence after he was convicted of assaulting a federal officer and was sentenced as a career offender. In light of Beckles v. United States, 137 S. Ct. 886 (2017), the Second Circuit fou...

Manhattan by Sail, Inc. v. Tagle  
Date: October 5, 2017
Docket Number: 16-607

Justia Opinion Summary: The Second Circuit vacated the district court's judgment in favor of shipowners in a negligence action filed by plaintiff after a deckhand unclipped a weighted halyard and it struck plaintiff in the head. The court held...

Grice v. McVeigh  
Date: September 29, 2017
Docket Number: 15-4124

Justia Opinion Summary: The Second Circuit reversed the district court's denial of the police's motion for qualified immunity. Plaintiff, a teenaged train enthusiast, was stopped and handcuffed after the police department received a 911 report...

Federal Housing Finance Agency v. Nomura Holding America, Inc.  
Date: September 28, 2017
Docket Number: 15-1872

Justia Opinion Summary: FHFA, as conservator for government-sponsored enterprises (GSEs), filed suit against defendants, alleging violations of the Securities Act of 1933 and analogous "Blue Sky laws," the Virginia Securities Act, and the D.C....

Elias et al. v. Rolling Stone LLC et al.
Date: September 22, 2017
Docket Number: 16-2465
United States v. Brooks  
Date: September 20, 2017
Docket Number: 13-3213

Justia Opinion Summary: The Second Circuit granted in part and denied in part a motion to abate David Brooks' offenses related to fraud and securities laws. Brooks was the founder, Chair of the Board of Directors, and CEO of DHB Industries, a p...

Katz v. The Donna Karan Company, LLC  
Date: September 19, 2017
Docket Number: 15-464

Justia Opinion Summary: Plaintiff filed suit against defendants, alleging willful violations of the Fair and Accurate Credit Transactions Act of 2003 (FACTA), 15 U.S.C. 1681c(g). Section 1681c(g) seeks to reduce the risk of identity theft by, a...

Elias v. Rolling Stone LLC  
Date: September 19, 2017
Docket Number: 16-2465

Justia Opinion Summary: George Elias, IV, Stephen Hadford, and Ross Fowler appealed the district court's dismissal of their defamation claims against Rolling Stone and others, alleging claims arising from a now-retracted Rolling Stone magazine...

United States v. Caltabiano  
Date: September 18, 2017
Docket Number: 16-1275

Justia Opinion Summary: The Second Circuit held that its appellate jurisdiction extended to defendant's challenges to both his conviction and sentences for various fraud and theft charges. In this case, the notice of appeal form stated defendan...

U1IT4Less Inc. v. FedEx Corp.  
Date: September 18, 2017
Docket Number: 16-533

Justia Opinion Summary: BikerGear filed suit against FedEx, accusing FedEx of fraudulently marking up the weights of packages shipped by BikerGear and overcharging BikerGear for Canadian customers, in violation of the Interstate Commerce Commis...

Friedman v. Bloomberg L.P.  
Date: September 12, 2017
Docket Number: 16-1335

Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of this defamation action as to the out-of-state defendants, holding that Connecticut General Statute 52‐59b—which provides for long‐arm jurisdiction over certai...

United States v. Jones  
Date: September 11, 2017
Docket Number: 15-1518

Justia Opinion Summary: The Second Circuit affirmed defendant's sentence of 180 months in prison after he was convicted of assaulting a federal officer. In light of Beckles v. United States, 137 S. Ct. 886 (2017), which held that the residual c...

United States v. Pabon  
Date: September 11, 2017
Docket Number: 16-1754

Justia Opinion Summary: The Second Circuit affirmed the district court's denial of defendant's motion to suppress physical evidence that he had body-packed narcotics into Vermont. The court held that police were not under an obligation to relea...

In re Grand Jury Subpoenas Returnable December 16, 2015  
Date: September 8, 2017
Docket Number: 16-266

Justia Opinion Summary: A Chinese construction company and seven of its employees challenged the district court's order denying their motion to quash subpoenas requiring the employees to appear before a grand jury. The Second Circuit affirmed t...

United States v. Wells Fargo & Co.  
Date: September 7, 2017
Docket Number: 15-2449

Justia Opinion Summary: The Supreme Court vacated the Second Circuit's prior decision in this False Claims Act (FCA) case in light of Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016). The court vacated an...

Golb v. Attorney General of the State of New York  
Date: August 31, 2017
Docket Number: 16-0452

Justia Opinion Summary: Petitioner challenged the denial of his habeas corpus relief in regard to his state convictions for criminal impersonation and forgery. The Second Circuit held that four of the criminal impersonation convictions must be...

NLRB v. Long Island Ass'n for AIDS Care, Inc.  
Date: August 31, 2017
Docket Number: 16-2325

Justia Opinion Summary: LIAAC petitioned for review of the Board's order determining that LIAAC violated Section 8(a)(1) of the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(1), by promulgating an unlawful confidentiality agreement and...

United States v. Gill  
Date: August 30, 2017
Docket Number: 15-1444

Justia Opinion Summary: Defendants Brian Gill, David Gill, and Samuel Waco McIntosh appealed from their conviction of committing and conspiring to commit a drug-related murder. Brian and David also appealed their convictions for conspiring to d...

Doe v. Hagenbeck  
Date: August 30, 2017
Docket Number: 15-1890

Justia Opinion Summary: Plaintiff, a former West Point cadet who alleged that she was sexually assaulted by a fellow cadet, filed suit against the United States and others, pleading four causes of action, including a claim against Lieutenant Ge...

Bouvier v. Adelson  
Date: August 28, 2017
Docket Number: 16-3655

Justia Opinion Summary: Discovery sought pursuant to 28 U.S.C. 1782 is for use in a proceeding in a foreign or international tribunal where the applicant is a crime victim authorized to submit the discovery to the foreign tribunal, but is not m...

United States v. Genao  
Date: August 28, 2017
Docket Number: 16-924

Justia Opinion Summary: The Second Circuit vacated defendant's 46 month sentence after pleading guilty to illegally attempting to reenter the United States after having been deported. Because the sentencing court did not explain the reasoning b...

MacNeil v. Berryhill  
Date: August 24, 2017
Docket Number: 16-2189

Justia Opinion Summary: New York's intestacy law, as it existed in 2013 at the time of the agency's final determination, did not permit children conceived posthumously to inherit via intestacy. In this case, plaintiff had conceived twins via in...

United States v. Martoma  
Date: August 23, 2017
Docket Number: 14-3599

Justia Opinion Summary: Defendant was convicted of one count of conspiracy to commit securities fraud and two counts of securities fraud in connection with an insider trading scheme. After defendant's conviction, the Second Circuit issued a dec...

Conn. Ironworkers Employers Assoc. v. New England Regional Council of Carpenters  
Date: August 23, 2017
Docket Number: 16-485

Justia Opinion Summary: This case arose out of a dispute over subcontracting clauses in collective bargaining agreements (CBAs) between the Carpenters' Union and various construction companies and construction managers. The clauses effectively...

Centro de la Comunidad Hispana de Locust Valley v. Oyster Bay  
Date: August 22, 2017
Docket Number: 15-2914

Justia Opinion Summary: Oyster Bay's ordinance regulating the roadside solicitation of employment violates the First Amendment. The Second Circuit affirmed the district court's order granting injunctive relief to two entities that work to advan...

Brown v. Rawlings Financial Services, LLC  
Date: August 22, 2017
Docket Number: 16-3748

Justia Opinion Summary: Plaintiff filed suit under Section 502(c)(1) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1132(c)(1)(B), alleging that defendants failed to timely comply with her request for documents relati...

Reyes v. Lincoln Automotive Fin. Servs.
Date: August 21, 2017
Docket Number: 16-2104
Constitution Pipeline Co. v. New York Sate Department of Environmental Conservation  
Date: August 18, 2017
Docket Number: 16-1568

Justia Opinion Summary: Constitution petitioned for review of the Department's decision denying its application for certification pursuant to Section 401 of the Federal Water Pollution Control Act, more commonly known as the Clean Water Act (CW...

United States v. Krug  
Date: August 18, 2017
Docket Number: 16-4136

Justia Opinion Summary: The United States appealed the district court's order precluding the government from introducing at trial certain testimony by a co-defendant turned government witness on the basis of the common-interest rule of attorney...

Meyer v. Uber Technologies, Inc.  
Date: August 17, 2017
Docket Number: 16-2750

Justia Opinion Summary: Plaintiff filed a putative class action alleging that Uber engaged in illegal price fixing. After the district court denied Uber's motion to compel arbitration, holding that plaintiff did not have reasonably conspicuous...

Vera v. Republic of Cuba  
Date: August 14, 2017
Docket Number: 16-1227

Justia Opinion Summary: Vera sued the Republic of Cuba for the extrajudicial killing of his father in 1976. In 2008, Vera obtained a default judgment against Cuba in Florida state court, relying on the “terrorism exception” to sovereign immunit...

Hermès of Paris, Inc. v. Swain  
Date: August 14, 2017
Docket Number: 16-3182

Justia Opinion Summary: In 2015, Swain was fired from his job with Hermès managing the company’s New Jersey boutique at the Mall at Short Hills. Swain, a New Jersey resident, sued Hermès in New Jersey state court, asserting claims under New Jer...

Morrone v. Pension Fund of Local Number One, I.A.T.S.E.  
Date: August 14, 2017
Docket Number: 16-723

Justia Opinion Summary: Morrone participates in a ʺdefined benefit planʺ offered by the Pension Fund. From 1970-1996, Morrone earned benefits under the Plan; in 1997, he stopped working union jobs. Under the Plan, a participant is entitled to t...

Shultz v. Shearith  
Date: August 10, 2017
Docket Number: 16-3140

Justia Opinion Summary: The notice of termination itself constitutes an adverse employment action, even when the employer later rescinds the termination. The Second Circuit held that plaintiff's notice of termination in this case was itself an...

United States v. Browder  
Date: August 8, 2017
Docket Number: 16-1322

Justia Opinion Summary: After defendant was convicted of possessing digital images and videos of child pornography, he violated two conditions of his supervised release. In regard to the computer monitoring condition, the Second Circuit held th...

Olagues v. Icahn  
Date: August 3, 2017
Docket Number: 16-1255

Justia Opinion Summary: Plaintiff, a shareholder in three public companies, filed suit seeking disgorgement of "short-swing" profits under Section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. 78p(b), from investment entities controll...

MGM Resorts IntÂ’l Glob. Gaming Dev., LLC v. Malloy, et al.
Date: August 2, 2017
Docket Number: 16-2158
Watson v. United States  
Date: July 31, 2017
Docket Number: 16-655

Justia Opinion Summary: Plaintiff filed suit under the Federal Tort Claims Act (FTCA) after he was held in immigration detention for more than three years because the government mistakenly believed that he was a deportable alien. The district c...

Gevorkyan v. Judelson  
Date: July 28, 2017
Docket Number: 15-3249

Justia Opinion Summary: The Second Circuit certified to the Court of Appeals of the State of New York the following question: Whether an entity engaged in the “bail business,” as defined in NYIL 6801(a)(1), may retain its “premium or compensati...

United States v. Barinas  
Date: July 28, 2017
Docket Number: 16-2218

Justia Opinion Summary: In 1997, defendant was convicted in the present case of a drug conspiracy (Barinas I). In 2016, defendant was extradited to the United States and convicted on new narcotics trafficking charges (Barinas II). The district...

Virginia Properties, LLC v. T-Mobile Northeast LLC  
Date: July 28, 2017
Docket Number: 16-2973

Justia Opinion Summary: The Supreme Court addressed in Goodyear Tire & Rubber Co. v. Haeger, 137 S. Ct. 1178, 1183‐84 (2017), a federal court's inherent authority to sanction a litigant for bad‐faith conduct by ordering it to pay the other side...

Fabula v. American Medical Response, Inc.  
Date: July 27, 2017
Docket Number: 15-3930

Justia Opinion Summary: Plaintiffs Chorches and Fabula filed a qui taim suit under the False Claims Act (FCA), 31 U.S.C. 3729 et seq., against AMR, alleging that AMR made false statements and submitted false Medicare and Medicaid claims. Plaint...

Weingarten v. United States  
Date: July 27, 2017
Docket Number: 15-923

Justia Opinion Summary: The Second Circuit affirmed the district court's denial of a 28 U.S.C. 2255 petition. Petitioner argued that trial counsel failed to provide constitutionally effective assistance when they conceded before trial that chil...

Heredia v. Sessions  
Date: July 27, 2017
Docket Number: 16-1465

Justia Opinion Summary: Petitioner challenged the BIA's dismissal of his appeal challenging the IJ's conclusion that he was a non-citizen convicted of drug offenses that made him inadmissible to the United States. Petitioner also challenged the...

Tannerite Sports, LLC v. NBCUniversal News Group  
Date: July 25, 2017
Docket Number: 15-3485

Justia Opinion Summary: Tannerite appealed the district court's dismissal of its defamation suit against NBC. The Second Circuit held that federal pleading standards, when applied to New York law, require a plaintiff asserting a defamation clai...

Figueroa v. Foster  
Date: July 25, 2017
Docket Number: 16-1856

Justia Opinion Summary: The duty of fair representation under the National Labor Relations Act does not necessarily preempt the New York State Human Rights Law (NYSHRL) for claims of discrimination filed by a union member against a labor organi...

Figueroa v. Foster
Date: July 25, 2017
Docket Number: 6-1856
Kass v. City of New York  
Date: July 24, 2017
Docket Number: 15-2053

Justia Opinion Summary: Defendants, the City of New York and NYPD officers, filed an interlocutory appeal challenging the district court's denial of their motion for judgment on the pleadings. At issue was whether the NYPD officers were entitle...

United States v. Huertas  
Date: July 24, 2017
Docket Number: 15-4014

Justia Opinion Summary: The Second Circuit affirmed the denial of defendant's motion to suppress physical evidence. Defendant argued that he was seized when a police officer in a squad car, who had been alerted to a man lurking with a gun, shin...

Odeon Capital Group LLC v. Ackerman  
Date: July 21, 2017
Docket Number: 16-1545

Justia Opinion Summary: To vacate an arbitration award on the ground that the award was fraudulently procured, the petitioner must demonstrate the fraud was material to the award. There must be a nexus between the alleged fraud and the decision...

Thai-Lao Lignite (Thailand) Co., Ltd. v. Government of the Lao People’s Democratic Republic  
Date: July 20, 2017
Docket Number: 14-597

Justia Opinion Summary: Fed. R. Civ. P. 60(b)(5) applies to a district court's consideration of a motion to vacate a judgment enforcing an arbitral award that has since been annulled in the primary jurisdiction. In this case, petitioners submit...

McLeod v. The Jewish Guild for the Blind  
Date: July 19, 2017
Docket Number: 15-2898

Justia Opinion Summary: The Second Circuit vacated the district court's determination that plaintiff asserted claims only under federal law, its dismissal of claims against the individual defendants, and its dismissal of plaintiff's hostile wor...

Woods v. START Treatment & Recovery Centers  
Date: July 19, 2017
Docket Number: 16-1318

Justia Opinion Summary: The Second Circuit vacated the district court's judgment in favor of defendants, agreeing with plaintiff that the district court wrongly instructed the jury that "but for" causation applied to Family Medical Leave Act (F...

United States v. Allen  
Date: July 19, 2017
Docket Number: 16-898

Justia Opinion Summary: The Fifth Amendment's prohibition on the use of compelled testimony in American criminal proceedings applies even when a foreign sovereign has compelled the testimony.  When the government makes use of a witness who had...

Olin Corp. v. OneBeacon American Insurance Co.  
Date: July 18, 2017
Docket Number: 15-2047

Justia Opinion Summary: Olin, a large chemical manufacturing company, filed suit against its insurers, including OneBeacon, seeking indemnification for environmental contamination at its manufacturing sites. On appeal, OneBeacon challenged two...

Panzella v. Sposato, et al.
Date: July 18, 2017
Docket Number: 15-2825
Panzella v. Sposato  
Date: July 17, 2017
Docket Number: 15-2825

Justia Opinion Summary: Plaintiff filed suit after the county refused to return her longarms that had been seized in connection with a New York Family Court temporary order of protection issued against her, even though the order was no longer i...

Abbey House Media, Inc. v. Simon & Schuster, Inc.  
Date: July 17, 2017
Docket Number: 16-305

Justia Opinion Summary: The Second Circuit affirmed the district court's grant of summary judgment in favor of publishing companies on issues of antitrust injury and causation. Abbey House, dba BooksOnBoard, filed this civil antitrust action fo...

Diesel eBooks, LLC v. Simon & Schuster, Inc.  
Date: July 17, 2017
Docket Number: 16-726

Justia Opinion Summary: The Second Circuit affirmed the district court's grant of summary judgment in favor of Simon & Schuster on the issues of antitrust injury and causation. Lavoho, successor in interest to Diesel, filed this antitrust actio...

Fratello v. Archdiocese of New York  
Date: July 14, 2017
Docket Number: 16-1271

Justia Opinion Summary: Plaintiff, a former principal of a Roman Catholic school, filed suit alleging that she was terminated on the basis of unlawful gender discrimination and retaliation. The Second Circuit affirmed the district court's grant...

Corsair Special Situations Fund, L.P. v. Pesiri  
Date: July 13, 2017
Docket Number: 16-158

Justia Opinion Summary: In this dispute between a judgment creditor and a Connecticut State Marshall over whether the Marshal was entitled to a statute that awards a commission, the Second Circuit concluded that Connecticut state law was insuff...

United States v. Silver  
Date: July 13, 2017
Docket Number: 16-1615

Justia Opinion Summary: The Second Circuit vacated and remanded defendant's conviction for all counts related to the abuse of his public position by engaging in two quid pro quo schemes in which he performed official acts in exchange for bribes...

Connors v. United States  
Date: July 13, 2017
Docket Number: 16-1680

Justia Opinion Summary: The Aviation and Transportation Security Act, 49 U.S.C. 44935 note, commits the termination of the employment of TSA screeners to the unreviewable discretion of the TSA Administrator. The Second Circuit held that the dis...

Pasternack v. Shrader  
Date: July 13, 2017
Docket Number: 16-217

Justia Opinion Summary: Plaintiffs, retired officers of Booz Allen, filed suit alleging that they were improperly denied compensation when, after their retirement, Booz Allen sold one of its divisions in the Carlyle Transaction. The Second Circ...

Washington v. United States  
Date: July 13, 2017
Docket Number: 17-780

Justia Opinion Summary: The Second Circuit denied a petition for leave to file a successive motion under 28 U.S.C. 2255 to vacate petitioner's sentence on the ground that the enhanced punishment imposed because of his prior state convictions wa...

United States v. HSBC Bank USA, N.A.  
Date: July 12, 2017
Docket Number: 16-308

Justia Opinion Summary: HSBC and the government appealed the district court's grant of a motion by a member of the public to unseal the Monitor's Report in a case involving a deferred prosecution agreement (DPA) with HSBC. The Second Circuit he...

Callahan v. City of Suffolk  
Date: July 12, 2017
Docket Number: 16-336

Justia Opinion Summary: The Second Circuit vacated the district court's judgment finding that defendant, a police officer, did not use excessive force in the fatal shooting of Kevin Callahan. The court held that the jury instruction regarding t...

Mobil Cerro Negro, Ltd. v. Bolivarian Republic of Venezuela  
Date: July 11, 2017
Docket Number: 15-707

Justia Opinion Summary: The Second Circuit held that the district court erred in declining to vacate an arbitral award‐creditor’s ex parte petition for entry of a federal judgment against a foreign sovereign premised on an award made under the...

United States v. Boyland  
Date: July 10, 2017
Docket Number: 15-3118

Justia Opinion Summary: Defendant appealed his conviction for 21 counts of public-corruption-related offenses. The Government conceded that, in light of McDonnell v. United States, 136 S. Ct. 2355 (2016), which narrowed the interpretation of "o...

United States v. Martinez  
Date: July 7, 2017
Docket Number: 14-2759

Justia Opinion Summary: Defendants Martinez, Rodriguez, Fiorentino, and Tejada appealed their convictions stemming from their involvement in a conspiracy, spanning at least a decade, in which more than two dozen persons were alleged to have com...

In re Petrobras Securities  
Date: July 7, 2017
Docket Number: 16-1914

Justia Opinion Summary: Plaintiffs, holders of Petrobras equity, filed a class action against various defendants after the multinational oil and gas company was involved in money-laundering and kickback schemes. The district court certified two...

Osberg v. Foot Locker, Inc.  
Date: July 6, 2017
Docket Number: 15-3602

Justia Opinion Summary: The Second Circuit affirmed the district court's award of equitable relief in this Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., action. The court rejected defendants' challenges to the distric...

Hines v. City of Albany  
Date: July 6, 2017
Docket Number: 16-1056

Justia Opinion Summary: The Second Circuit vacated the district court's order denying plaintiffs' motion for attorneys' fees and costs incurred in litigating an appeal and cross-appeal under 42 U.S.C. 1988. After the court affirmed on the merit...

Soto v. Gaudett  
Date: July 5, 2017
Docket Number: 15-3764

Justia Opinion Summary: Defendants appealed the district court's motion for summary judgment dismissing on qualified immunity grounds an action brought under 42 U.S.C. 1983. Plaintiff, as conservator of the estate of his brother, Israel Soto, a...

United States v. Delacruz  
Date: July 5, 2017
Docket Number: 15-4174

Justia Opinion Summary: The Second Circuit vacated defendant's 63 month sentence for conspiracy to commit robbery, holding that the district court denied the acceptance-of-responsibility adjustment under USSG 3E1.1(a) based on clearly erroneou...

Brown v. City of New York  
Date: July 5, 2017
Docket Number: 16-1258

Justia Opinion Summary: The Second Circuit affirmed defendants' motion for qualified immunity in plaintiffs' action claiming false arrest, unnecessary use of force, and First Amendment retaliation. The court held that its mandate in Brown v. Ci...

Matuszak v. Commissioner of Internal Revenue  
Date: July 5, 2017
Docket Number: 16-3034

Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of a petition for innocent spouse relief based on lack of jurisdiction and from an order denying petitioner's motion to vacate the order of dismissal. The court...

Pollard v. The New York Methodist Hospital  
Date: June 30, 2017
Docket Number: 15-3231

Justia Opinion Summary: Plaintiff filed suit against the Hospital under the Family Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq., alleging that the Hospital terminated her illegally for taking medical leave to which she was entitled under th...

Funk v. Belneftekhim  
Date: June 29, 2017
Docket Number: 15-3372

Justia Opinion Summary: Plaintiffs filed suit against BNTK and BUSA for their alleged roles in plaintiffs' 2008 abduction from London and their prolonged detention in Belarus by authorities of that country. The Second Circuit held that it has j...

Allco Finance Ltd. v. Klee  
Date: June 28, 2017
Docket Number: 16-2946

Justia Opinion Summary: Allco appealed the district court's dismissal of two related, but not formally consolidated, complaints that focus on Connecticut's implementation of Connecticut Public Acts 13-303 and 15-107. Allco argued that the state...

Crupar-Weinmann v. Paris Baguette America, Inc.  
Date: June 26, 2017
Docket Number: 14-3709

Justia Opinion Summary: Guided by unambiguous statutory language in the Fair and Accurate Credit Transactions Act of 2003 (FACTA), 15 U.S.C. 1681c(g), that a receipt with a credit card expiration date does not raise a material risk of identity...

Vega v. Schneiderman  
Date: June 23, 2017
Docket Number: 16-2364

Justia Opinion Summary: Petitioner, convicted of attempted criminal contempt in the second degree and harassment in the second degree, petitioned for habeas relief under 28 U.S.C. 2254. Petitioner was sentenced to a one-year conditional dischar...

Arnone v. Aetna Life Ins. Co.  
Date: June 22, 2017
Docket Number: 15-2322

Justia Opinion Summary: The Second Circuit held that, when applied, Section 5‐335 of the New York General Obligations Law prohibited Aetna's reduction of plaintiff's disability benefits. In this case, neither the Employee Retirement Income Secu...

Reyes v. Lincoln Automotive Financial Services  
Date: June 22, 2017
Docket Number: 16-2104

Justia Opinion Summary: Plaintiff filed suit against Lincoln, alleging violations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227. The Second Circuit affirmed the district court's grant of summary judgment for Lincoln, holding th...

United States v. Scarpa  
Date: June 22, 2017
Docket Number: 16-303

Justia Opinion Summary: When the U.S. Attorney has refused to make a Federal Rule of Criminal Procedure 35(b) motion for reasons that are not invidious or unrelated to a legitimate government concern, it is not the office of the court to weigh...

Harbin v. Sessions  
Date: June 21, 2017
Docket Number: 14-1433

Justia Opinion Summary: Petitioner, a native and citizen of Grenada, sought review of the BIA's decision affirming the IJ's denial of his applications for cancellation of removal, asylum, withholding of removal, and relief under the Convention...

Centurion v. Sessions  
Date: June 21, 2017
Docket Number: 15-516

Justia Opinion Summary: After petitioner committed a drug crime but before his crime was adjudicated, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), 8 U.S.C. 1101(a)(13)(C)(v). At issue was whe...

Ashmore v. CGI Group, Inc.  
Date: June 21, 2017
Docket Number: 16-1758

Justia Opinion Summary: Benjamin Ashmore appealed the district court's order dismissing him as the plaintiff in a whistleblower action under the Sarbanes-Oxley Act, 18 U.S.C. 1514A. Instead, the trustee of Ashmore's bankruptcy estate was substi...

MGM Resorts International Global Gaming Development, LLC v. Malloy  
Date: June 21, 2017
Docket Number: 16-2158

Justia Opinion Summary: MGM filed suit claiming that Special Act 15‐7 of the Connecticut General Assembly placed it at a competitive disadvantage in the state's gaming industry. The Act creates a special registration pathway for the state's two...

United States v. Weaver  
Date: June 21, 2017
Docket Number: 16-3861

Justia Opinion Summary: Contractual disclaimers of reliance on prior misrepresentations do not render those misrepresentations immaterial under the criminal mail and wire fraud statutes. The Second Circuit affirmed defendant's conviction and se...

Stadnick v. Vivint Solar, Inc.  
Date: June 21, 2017
Docket Number: 16-65

Justia Opinion Summary: Plaintiff filed a securities class action alleging claims arising out of the Initial Public Offering (IPO) shares for Vivint Solar. The Second Circuit affirmed the district court's dismissal of the complaint, holding tha...

United States v. Burden  
Date: June 19, 2017
Docket Number: 15-1080

Justia Opinion Summary: Defendants Burden and Buchanan were sentenced to life imprisonment based on their convictions for, among other things, racketeering, violent crimes in aid of racketeering, and conspiracy to distribute and possess with in...

Irrera v. Humpherys  
Date: June 15, 2017
Docket Number: 16-2004

Justia Opinion Summary: Plaintiff filed suit against defendant and the University, alleging a claim of retaliation based on his complaint of sexual harassment. The district court granted defendants' motion to dismiss. The Second Circuit applied...

BPP Illinois v. Royal Bank of Scotland Group PLC  
Date: June 13, 2017
Docket Number: 15-3706

Justia Opinion Summary: A group of hotel-related businesses, as well as investors and guarantors, filed suit alleging claims of fraud against the Royal Bank and two of its subsidiaries. The district court dismissed the claims because plaintiffs...

In re Methyl Tertiary Butyl Ether (MTBA) Products Liability Litigation  
Date: June 12, 2017
Docket Number: 15-3934

Justia Opinion Summary: The Water District appealed from the district court's judgment in a consolidated multidistrict litigation granting summary judgment to BP and Shell on the ground that the Water District's suit was barred by res judicata...

Johnson v. Perry  
Date: June 8, 2017
Docket Number: 15-3671

Justia Opinion Summary: Plaintiff filed suit alleging that defendant, the principal of Capital Prep, violated plaintiff's First Amendment right of freedom of assembly and his state-law right to be free from the intentional infliction of emotion...

United States v. Cummings  
Date: June 6, 2017
Docket Number: 15-2035

Justia Opinion Summary: Defendant Cummings was convicted of drug and firearms charges related to causing the death of a person. The Second Circuit held that the district court erred by admitting hearsay evidence of a death threat he allegedly m...

Pruter v. Local 210’s Pension Trust Fund  
Date: June 6, 2017
Docket Number: 16-733

Justia Opinion Summary: Former employees of World Airways challenged the dismissal of their complaint seeking damages for fraud, breach of contract and violation of an employee benefit plan. The Second Circuit agreed with the district court tha...

United States v. DeLaura  
Date: June 5, 2017
Docket Number: 14-1204

Justia Opinion Summary: Defendant argued that his defense counsel provided ineffective assistance of counsel based on a conflict of interest because counsel was involved in a possible secret sexual relationship with defendant's mother. The dist...

E.J. Brooks Co. v. Cambridge Security Seals  
Date: June 5, 2017
Docket Number: 16-207

Justia Opinion Summary: After a jury awarded damages based on CSS's avoided costs in a misappropriation and unfair competition action, TydenBrooks requested mandatory prejudgment interest under section 5001(a) of the New York Civil Practice Law...

John v. Whole Foods Market Group  
Date: June 2, 2017
Docket Number: 16-986

Justia Opinion Summary: Plaintiff filed a putative class action alleging that grocery stores in New York operated by Whole Foods systematically overstated the weights of pre‐packaged food products and overcharged customers as a result.  The dis...

United States v. Delva  
Date: June 1, 2017
Docket Number: 15-683

Justia Opinion Summary: Defendant was convicted of multiple crimes including conspiracy, firearm, and drug-related offenses. On appeal, defendant principally argued that the district court erred in denying his motions for suppression of his cel...

Raymond Loubier Irrevocable Trust v. Loubier  
Date: June 1, 2017
Docket Number: 15-802

Justia Opinion Summary: The Second Circuit held that it need not decide whether the presence of the same person, in two different capacities, on both sides of a case caption, defeats diversity because the challenged judgment here rests on a mis...

Griffin v. Sirva Inc.  
Date: May 31, 2017
Docket Number: 15-1307

Justia Opinion Summary: The New York Court of Appeals answered a certified question from the Second Circuit, holding that liability under Section 296(15) the New York State Human Rights Law (NYSHRL) is limited to an aggrieved party's employer....

United States v. Ulbricht  
Date: May 31, 2017
Docket Number: 15-1815

Justia Opinion Summary: Collecting IP address information devoid of content is constitutionally indistinguishable from the use of a pen register. The Second Circuit affirmed defendant's conviction and sentence for drug trafficking charges and o...

United States v. Libous  
Date: May 30, 2017
Docket Number: 15-3979

Justia Opinion Summary: Under the doctrine of abatement, the government has no right to retain fines imposed pursuant to a conviction that is subsequently vacated. In this case, the executrix of the estate of Thomas W. Libous, a former New York...

Fernandez v. Zoni Language Centers  
Date: May 26, 2017
Docket Number: 16-1689

Justia Opinion Summary: Plaintiffs, employed as English teachers by defendants, filed suit on behalf of themselves and others similarly situated, alleging that defendants violated the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., and...

Reich v. Betancourt Lopez  
Date: May 26, 2017
Docket Number: 16-510

Justia Opinion Summary: Plaintiff challenged the dismissal of his Racketeer Influenced and Corrupt Organizations Act (RICO) and state law claims against the principals of a Venezuelan energy company. The Second Circuit affirmed the dismissal of...

Waiters v. Lee  
Date: May 22, 2017
Docket Number: 15-3487

Justia Opinion Summary: Petitioner, convicted of murder and related-offenses, sought review of the district court's denial of habeas relief, arguing that trial counsel was ineffective for failing to call a medical expert both to interpret the p...

Spak v. Phillips  
Date: May 22, 2017
Docket Number: 15-3525

Justia Opinion Summary: A nolle prosequi constitutes a "favorable termination" for the purpose of determining when a 42 U.S.C. 1983 claim accrues. In this case, plaintiff filed suit against defendant, a police officer, under section 1983, alleg...

Makinen v. City of New York  
Date: May 22, 2017
Docket Number: 16-973

Justia Opinion Summary: In this disability discrimination case, the Second Circuit certified the following question to the New York Court of Appeals: Do sections 8‐102(16)(c) and 8‐107(1)(a) of the New York City Administrative Code preclude a p...

McCulloch Orthopaedic Surgical Services v. Aetna  
Date: May 18, 2017
Docket Number: 15-2150

Justia Opinion Summary: Plaintiff filed suit against Aetna and its wholly-owned subsidiaries, seeking reimbursement from Aetna for performing two knee surgeries on a patient who was a member of an Aetna-administered health care plan that was go...

United States v. Khalil  
Date: May 16, 2017
Docket Number: 15-3819

Justia Opinion Summary: At issue in this appeal was whether defendant should have been acquitted of transporting an alien within the United States for profit in violation of 8 U.S.C. 1324(a)(1)(A)(ii) and 1324(a)(1)(B)(i). The Second Circuit re...

United States v. Serrano  
Date: May 10, 2017
Docket Number: 16-4321

Justia Opinion Summary: The Second Circuit held that it lacked jurisdiction to hear defendant's appeal of the denial of his Federal Rule of Criminal Procedure 29 and double jeopardy motions. Defendant has not stated a colorable double jeopardy...

Pyskaty v. Wide World of Cars, LLC  
Date: May 10, 2017
Docket Number: 16-815

Justia Opinion Summary: The Second Circuit reversed and remanded the district court's dismissal of plaintiff's lemon law suit based on lack of subject matter jurisdiction. Plaintiff filed suit under the Magnuson‐Moss Warranty—Federal Trade Comm...

NLRB v. Pier Sixty, LLC
Date: May 9, 2017
Docket Number: 15-1841
United States v. Lyle  
Date: May 9, 2017
Docket Number: 15-958

Justia Opinion Summary: The Second Circuit affirmed Defendants Lyle and Van Praagh's conviction and sentence for drug trafficking charges. The Second Circuit held that the district court did not err in denying Lyle's motion to suppress where he...

In re: Lehman Bros.  
Date: May 4, 2017
Docket Number: 16-1296

Justia Opinion Summary: After Lehman Brothers filed for Chapter 11 bankruptcy, thousands of its employees were holding restricted stock units (RSUs) that had been awarded over the preceding five years, but that had not yet vested and had thus b...

F5 Capital v. Pappas  
Date: April 26, 2017
Docket Number: 16-530

Justia Opinion Summary: F5, a Cayman Islands corporation that invests in international shipping companies, filed a shareholder derivative action on behalf of Star Bulk, a global shipping company, alleging that individual members of Star Bulk's...

NLRB v. Pier Sixty, LLC  
Date: April 21, 2017
Docket Number: 15-1841

Justia Opinion Summary: Pier Sixty challenged the determination that it violated Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(1) and (3), by discharging an employee in retaliation for protected activ...

In re Tronox Inc.  
Date: April 20, 2017
Docket Number: 16-343

Justia Opinion Summary: Avoca Plaintiffs filed suits against New Kerr-McGee, alleging toxic tort claims. The suits were stayed when the owners/operators of the Avoca Plant, Tronox debtors, filed for bankruptcy. In this appeal, Avoca challenged...

Zarda v. Altitude Express  
Date: April 18, 2017
Docket Number: 15-3775

Justia Opinion Summary: Plaintiff, a skydiver, filed suit against his former employer, Altitude Express, under Title VII of the Civil Rights Act, 42 U.S.C. 2000e et seq., and New York law, alleging that he was terminated from his position as a...

United States v. Diaz  
Date: April 18, 2017
Docket Number: 15-3776

Justia Opinion Summary: Defendant was found guilty of possessing a firearm as a previously convicted felon. At issue was whether the district court erred in denying defendant's motion to suppress the gun on Fourth Amendment grounds. The court c...

United States v. Babilonia  
Date: April 17, 2017
Docket Number: 14-3739

Justia Opinion Summary: Defendant Key was convicted of conspiracy to commit murder-for-hire and several drug- and firearm-related offenses. On appeal, defendant principally challenged the sufficiency of the evidence supporting his conviction fo...

United States v. Jenkins  
Date: April 17, 2017
Docket Number: 14-4295

Justia Opinion Summary: Defendant was convicted of one count of possession of child pornography and one count of transportation of child pornography. The government proved at trial that defendant owned a collection of child pornography and brou...

Brown Media Corp. v. K&L Gates, LLP  
Date: April 14, 2017
Docket Number: 15-4185

Justia Opinion Summary: Plaintiffs, unsuccessful bidders in a bankruptcy proceeding, appealed the district court's dismissal of their suit alleging claims for breach of fiduciary duty, tortious interference, and common law fraud against the law...

Saleem v. Corporate Transportation Group, Ltd.  
Date: April 12, 2017
Docket Number: 15-88

Justia Opinion Summary: Plaintiffs, black-car drivers in the greater New York City area, filed suit alleging that defendants, owners of black-car "base licenses" and affiliated entities, violated the Fair Labor Standards Act (FLSA), 29 U.S.C. 2...

United States v. Yalincak  
Date: April 10, 2017
Docket Number: 11-5446

Justia Opinion Summary: Defendant appealed two rulings by the district court vacating its order dated December 26, 2007, which had granted him more than $1.1 million in credits towards his restitution obligations pursuant to the Mandatory Victi...

United States, ex rel. Hayes v. Allstate Ins. Co.  
Date: April 4, 2017
Docket Number: 16-705

Justia Opinion Summary: Relator filed a qui tam action under the False Claims Act (FCA), 31 U.S.C. 3729 et seq., against numerous insurance and trucking companies. On appeal, relator challenged the district court's dismissal with prejudice as a...

Carlin v. Davidson Fink LLP  
Date: March 29, 2017
Docket Number: 15-3105

Justia Opinion Summary: Plaintiff, individually and on behalf of others similarly situated, filed suit against defendant, alleging violation of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq. Plaintiff alleged that defend...

Tru-Art Sign Co., Inc. v. Local 137 Sheet Metal Workers Int'l Ass'n  
Date: March 29, 2017
Docket Number: 15-3415

Justia Opinion Summary: Tru-Art appealed the district court's order denying its motion for interest and costs. After a jury trial, the district court entered judgment for Tru-Art. On appeal, this court affirmed the finding of liability, vacated...

Marin-Marin v. Sessions  
Date: March 27, 2017
Docket Number: 15-2074

Justia Opinion Summary: Petitioner, a native and citizen of Ecuador, sought review of the BIA's order affirming the IJ's finding of removeability based on his unlawful entry into the United States. Petitioner, an unaccompanied juvenile of 17, e...

Christiansen v. Omnicom Group, Inc.  
Date: March 27, 2017
Docket Number: 16-748

Justia Opinion Summary: Plaintiff filed suit against defendants under the Americans with Disabilities Education Act (ADA), 42 U.S.C. 12101 et seq.; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.; and state and local law. Pla...

Jacoby & Meyers v. The Presiding Justices of the First, Second, Third, and Fourth Departments  
Date: March 24, 2017
Docket Number: 15-2608

Justia Opinion Summary: Plaintiffs filed suit challenging the constitutionality of a collection of New York regulations and laws that together prevent for‐profit law firms from accepting capital investment from non‐lawyers. The district court d...

Minda v. United States  
Date: March 24, 2017
Docket Number: 15-3964

Justia Opinion Summary: Plaintiffs filed suit under 26 U.S.C. 7431 against the IRS, after the IRS sent a report containing plaintiffs' names, social security numbers, and financial information to the wrong person. The government conceded liabil...

United States v. Bodouva  
Date: March 22, 2017
Docket Number: 16-3937

Justia Opinion Summary: Defendant appealed her conviction of one count of embezzling funds from her company's 401(k) plan, and the forfeiture order entered against her. The court affirmed the conviction in a summary order issued contemporaneous...

Stevens v. Rite Aid Corp.  
Date: March 21, 2017
Docket Number: 15-277

Justia Opinion Summary: Plaintiff, who suffers from a fear of needles (trypanophobia), filed suit against Rite Aid, alleging violation of his rights under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., after he was terminat...

Chai v. Commissioner  
Date: March 20, 2017
Docket Number: 15-1653

Justia Opinion Summary: Petitioner and the Government cross-appealed the tax court's orders relating to petitioner's underreporting of income in his 2003 tax return, principally in connection with a $2 million payment he received from Delta Cur...

Gil v. Sessions  
Date: March 17, 2017
Docket Number: 15-3134

Justia Opinion Summary: Petitioner, born in the Dominican Republic to unwed parents and admitted to the United States as a lawful permanent resident, sought review of the BIA's decision affirming the IJ's finding that petitioner was ineligible...

United States v. Schaffer  
Date: March 15, 2017
Docket Number: 15-2516

Justia Opinion Summary: Defendant was convicted, among other crimes, of coercing and enticing a minor to engage in illegal sexual activity. The court held that the district court did not err in denying defendant's motion to suppress incriminati...

Umbach v. Carrington Investment Partners (US)  
Date: March 13, 2017
Docket Number: 15-1285

Justia Opinion Summary: Carrington appealed the district court's judgment requiring them to pay plaintiff, the indirect purchaser and assignee of a limited prejudgment interest in defendants' fund, damages plus prejudgment interest for breach o...

United States v. Johnson  
Date: March 10, 2017
Docket Number: 15-3498

Justia Opinion Summary: Defendant plead guilty to conspiracy to possess and distribute cocaine, cocaine base, heroin, and marijuana, and being a felon in possession of a firearm. The court concluded that defendant's plea was not entered volunta...

Radha Geismann, M.D., P.C. v. ZocDoc  
Date: March 9, 2017
Docket Number: 14-3708

Justia Opinion Summary: Plaintiff filed suit against ZocDoc, alleging violations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227. Plaintiff's suit stemmed from two unsolicited telecopies (faxes), it allegedly received from ZocDoc...

United States v. Monsalvatge  
Date: March 8, 2017
Docket Number: 14-1113

Justia Opinion Summary: Defendants Monsalvatge, Byam, and Dunkley appealed their convictions stemming from their armed robberies of two Pay‐O‐Matic check‐cashing stores. A summary order filed simultaneously with this opinion addressed the balan...

United States v. Finazzo  
Date: March 7, 2017
Docket Number: 14-3213

Justia Opinion Summary: Defendants Dey and Finazzo were involved in a conspiracy to use South Bay as a supplier of Aeropostale apparel in exchange for secret payments. Finazzo was a former merchandising executive for Aeropostale, and Dey contro...

Linares-Urrutia v. Sessions  
Date: March 7, 2017
Docket Number: 14-4419

Justia Opinion Summary: Petitioner sought review of the BIA's dismissal of his appeal from the denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). In this case, petitioner, who w...

CBF Industria De Gusa S/A v. AMCI Holdings, Inc.  
Date: March 2, 2017
Docket Numbers: 15-1133, 15‐1146

Justia Opinion Summary: CBF, appellants and award-creditors, challenged the district court's two judgments dismissing CBF's initial action to enforce and subsequent action to confirm a foreign arbitral award against appellees as alter-egos of t...

New York Pet Welfare Association v. New York City  
Date: March 2, 2017
Docket Number: 15-4013

Justia Opinion Summary: Plaintiffs filed suit challenging New York City's "Sourcing Law," which requires that pet shops sell only animals acquired from breeders holding a Class A license issued under the federal Animal Welfare Act (AWA), 7 U.S....

United States v. Natal  
Date: February 23, 2017
Docket Number: 15-94

Justia Opinion Summary: Defendants Natal and Morales appealed their sentences and convictions for crimes including arson resulting in death, accessory after the fact to arson, and destruction and concealment of evidence. The court held that tes...

Darnell v. City of New York  
Date: February 21, 2017
Docket Number: 15-2870

Justia Opinion Summary: Plaintiffs, 20 state pretrial detainees, filed suit under 42 U.S.C. 1983, alleging that the City and the supervisory officers of a pre-arraignment holding facility were deliberately indifferent to allegedly unconstitutio...

Carmichael v. Chappius  
Date: February 17, 2017
Docket Number: 16-1562

Justia Opinion Summary: After the district court granted habeas relief to petitioner based on his Batson v. Kentucky challenge, respondent appealed. The district court held that the New York State Appellate Division, First Department, had unrea...

Flo & Eddie v. Sirius XM Radio  
Date: February 16, 2017
Docket Number: 15-1164

Justia Opinion Summary: Sirius appealed the district court's order denying its motions for summary judgment and reconsideration in regard to Flo & Eddie's copyright infringement suit. The court certified a significant and unresolved issue of Ne...

United States v. Barret  
Date: February 15, 2017
Docket Number: 12-4663

Justia Opinion Summary: Defendants Barret, Mitchell, and Scarlett were convicted of conspiracy to distribute and possess with intent to distribute in excess of 1,000 kilograms of marijuana. The court joined its sister circuits in finding that t...

United States v. Marinello
Date: February 15, 2017
Docket Number: 15-2224
Coutard v. Municipal Credit Union  
Date: February 9, 2017
Docket Number: 15-1113

Justia Opinion Summary: Plaintiff filed suit under the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. 2601 et seq., against his employer, MCU, after he was denied leave to take care of his seriously ill grandfather who, in loco parentis...

In re ACTOS End-Payor Antitrust Litigation  
Date: February 8, 2017
Docket Number: 15-3364

Justia Opinion Summary: Plaintiffs filed a class action alleging that Takeda prevented competitors from timely marketing a generic version of Takeda’s diabetes drug ACTOS by falsely describing two patents to the FDA. Plaintiffs claimed that the...

Cadle Co. v. Fletcher
Date: February 6, 2017
Docket Number: 14-3404
Physicians Healthsource v. Boehringer Ingelheim Pharmaceuticals  
Date: February 3, 2017
Docket Number: 15-288

Justia Opinion Summary: Physicians filed suit against Boehringer, a pharmaceutical company, alleging violations of the Telephone Consumer Protection Act of 1991, as amended by the Junk Fax Protection Act of 2005 (TCPA), 47 U.S.C. 227. Specific...

Jia Sheng v. MTBank Corp.  
Date: February 2, 2017
Docket Number: 14-4467

Justia Opinion Summary: Plaintiff filed suit against MTBank, alleging violations of various state and federal statues by not allowing her to work remotely when she became pregnant. The magistrate judge ruled as a matter of law against plaintiff...

United States v. Ramirez  
Date: January 25, 2017
Docket Number: 15-2570

Justia Opinion Summary: After defendant pleaded guilty to one count of conspiracy to distribute five kilograms or more of cocaine, the district court sentenced him to 210 months in prison. Defendant moved for a sentence reduction under 18 U.S.C...

Microsoft Corp. v. United States
Date: January 24, 2017
Docket Number: 14-2985
Proctor v. LeClaire  
Date: January 24, 2017
Docket Number: 15-3673

Justia Opinion Summary: Plaintiff, an inmate confined in solitary confinement for the last twenty-two years, filed suit under 42 U.S.C. 1983 against current and former prison officials, alleging that his solitary confinement under Administrativ...

Restivo v. Hessemann  
Date: January 19, 2017
Docket Number: 14-4662

Justia Opinion Summary: After plaintiffs' convictions for rape and murder were vacated and they had served eighteen years in prison, plaintiff filed suit alleging, inter alia, malicious prosecution and denial of fair trial claims. Defendant, as...

In re: World Trade Center Lower Manhattan Disaster Site Litigation  
Date: January 19, 2017
Docket Number: 15-2181

Justia Opinion Summary: This appeal requires the court to determine whether Battery Park City Authority (BPCA) has the capacity to challenge a New York State claim-revival statute as unconstitutional under the New York State Constitution. The c...

Catskill Mountains Chapter of Trout Unlimited, Inc. v. EPA (Catskill III)  
Date: January 18, 2017
Docket Number: 14-1823

Justia Opinion Summary: Several environmentalist organizations and state, provincial, and tribal governments filed suit challenging the EPA's Water Transfers Rule. The Rule formalized the EPA's stance to take a hands‐off approach to water trans...

Trikona Advisers Limited v. Chugh  
Date: January 18, 2017
Docket Number: 14-975

Justia Opinion Summary: TAL challenges the district court's grant of summary judgment to the Chugh Defendants. The district court held that TAL's claims for breach of fiduciary duty by Chugh had previously been determined in Chugh's favor in a...

CBF Industria De Gusa S/A v. AMCI Holdings, Inc.  
Date: January 18, 2017
Docket Numbers: 15-1133, 15-1146

Justia Opinion Summary: CBF, appellants and award-creditors, challenged the district court's two judgments dismissing CBF's initial action to enforce and subsequent action to confirm a foreign arbitral award against appellees as alter-egos of t...

Marblegate Asset Management v. Education Management Finance Corp.  
Date: January 17, 2017
Docket Number: 15-2124

Justia Opinion Summary: EDMC challenges the district court's holding that a series of transactions meant to restructure EDMC’s debt over the objections of certain noteholders violated Section 316(b) of the Trust Indenture Act of 1939, 15 U.S.C....

A.M. v. N.Y.C. Department of Education  
Date: January 10, 2017
Docket Number: 15-4076

Justia Opinion Summary: Plaintiff, on behalf of herself and her autistic son, filed suit under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq., against the DOE, seeking tuition reimbursement and claiming procedura...

Moss v. Colvin  
Date: January 9, 2017
Docket Number: 15-2272

Justia Opinion Summary: Petitioner appealed the denial of his habeas petition filed under 28 U.S.C. 2254. The state trial court, during the trial testimony of the undercover officers involved in petitioner's arrest, closed the courtroom to the...

Ferrari v. County of Suffolk
Date: January 4, 2017
Docket Number: 15-975