2018 Second Circuit US Court of Appeals Case Law
Date: December 20, 2018
Docket Number: 12-5086
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for crimes stemming from his role in drug and racketeering related murders. The court held that the evidence was sufficient to support guilty verdicts on the charged…
Date: December 20, 2018
Docket Number: 15-974
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of a permanent injunction enjoining the government from continuing to apply the requirement that government funds assisting plaintiffs' efforts to fight HIV/AIDS…
Date: December 19, 2018
Docket Number: 16-1446
Justia Opinion Summary: After Liberty refused to provide High Point a defense pursuant to the terms of insurance policies providing coverage for advertising injuries, the district court granted High Point's motion for partial summary judgment.…
Date: December 19, 2018
Docket Number: 17-0922
Justia Opinion Summary: USOT appealed the district court's orders and partial final judgments rejecting USOT's claims that it was entitled to assert maritime liens against vessels owned or chartered by Hapag. The district court ruled that…
Date: December 19, 2018
Docket Number: 17-1458
Justia Opinion Summary: An interpleader defendant, NuStar, appealed the district court's partial final judgment rejecting its claims of entitlement to maritime liens against two chartered vessels. The district court ruled that NuStar was not…
Date: December 17, 2018
Docket Number: 17-2627
Justia Opinion Summary: Petitioner sought review of the BIA's decision affirming his order of removal and an IJ's denial of waiver of the joint filing requirement to remove the conditions on his permanent resident status on the grounds that his…
Date: December 17, 2018
Docket Number: 18-257
Justia Opinion Summary: The Second Circuit vacated the district court's grant of defendants' motion to dismiss an action brought by the Sierra Club under the Clean Water Act, seeking declaratory and injunctive relief. Sierra Club alleged that…
Date: December 14, 2018
Docket Number: 16-2953
Justia Opinion Summary: The Second Circuit reversed the tax court's decision upholding 2008 tax deficiencies identified by the Commissioner upon application of the substance‐over‐form doctrine to recharacterize various lawful tax‐avoiding…
Date: December 14, 2018
Docket Number: 17-2997
Justia Opinion Summary: The Second Circuit affirmed the district court's summary judgment dismissal of all claims in the Second Amended Complaint against defendants in an action stemming from construction projects with the U.S. Army Corps of…
Date: December 13, 2018
Docket Number: 17-1827
Justia Opinion Summary: The Second Circuit affirmed defendant's sentence after he was convicted of stalking his victim for seven years. The district court appropriately applied a two-level sentencing enhancement for threatened use of a…
Date: December 12, 2018
Docket Number: 16-2321
Justia Opinion Summary: Defendants appealed the district court's judgment for plaintiffs, finding copyright infringement. Defendants created an Internet platform designed to enable the lawful resale, under the first sale doctrine, of lawfully…
Date: December 12, 2018
Docket Number: 16-3458
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment and held that the district court did not improperly delegate its judicial authority to the United States Probation Office when it ordered as a special condition…
Date: December 12, 2018
Docket Number: 17-1826
Justia Opinion Summary: Plaintiff filed suit against the plan administrator for Xerox under the Employee Retirement Income Security Act (ERISA) for denial of benefits and breach of fiduciary duty. The Second Circuit held that plaintiff's denial…
Date: December 12, 2018
Docket Number: 17-1849
Justia Opinion Summary: Plaintiffs appealed the district court's holding that the National Labor Relations Act (NLRA) preempted a two-tiered security bond provision contained in New York City Local Law 62 for the Year 2015, entitled the Car…
Date: December 11, 2018
Docket Number: 17-2011
Justia Opinion Summary: Consumers who purchased Cheez‐It crackers labeled "whole grain" or "made with whole grain," filed a class action complaint against Kellogg, alleging that the whole grain labels were false and misleading in violation of…
Date: December 11, 2018
Docket Number: 18-337
Justia Opinion Summary: The Second Circuit vacated the district court's dismissal of plaintiff's 42 U.S.C. 1983 action, alleging that their constitutional rights were violated when they were coerced by New York City officials into signing…
Date: December 10, 2018
Docket Number: 17-1851
Justia Opinion Summary: Guided by its recent decision in United States v. Townsend, 897 F.3d 66 (2d Cir. 2018), the Second Circuit concluded that the phrase "controlled substance" as used in the 2014 Guidelines' definition of "felony drug…
Date: December 10, 2018
Docket Number: 17-3147
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of the Fund's claims against the DOE for delinquent withdrawal liability payments under the Multiemployer Pension Plan Agreements Act (MPPAA). The court held…
Date: December 10, 2018
Docket Number: 17-3518
Justia Opinion Summary: Plaintiffs appealed the district court's dismissal of their action against fiduciaries of IBM's employee stock option plan (ESOP), claiming that defendants violated their duty under the Employee Retirement Income…
Date: December 7, 2018
Docket Number: 17-3817
Justia Opinion Summary: The Second Circuit reversed the district court's denial of defendant's motion for summary judgment based on qualified immunity. Defendant, a police officer, tased a student at the American School for the Deaf after…
Date: December 6, 2018
Docket Number: 17-1120
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's complaint under 42 U.S.C. 1983, alleging that defendants retaliated against him in violation of his First Amendment rights after he filed a report…
Date: December 6, 2018
Docket Number: 17-1966
Justia Opinion Summary: The Second Circuit vacated the district court's denial of a motion for a new trial after defendant was convicted of importing and possessing with intent to distribute cocaine. The court held that the Government's…
Date: December 6, 2018
Docket Number: 17-291
Justia Opinion Summary: The Second Circuit affirmed defendant's 240 month sentence after he pleaded guilty to conspiracy to provide material support to a foreign terrorist organization. The court held that, although defendant's plea agreement…
Date: December 4, 2018
Docket Number: 17-2373
Justia Opinion Summary: Defendant, a professional sports gambler, appealed his conviction of securities fraud and related crimes. The Second Circuit held that, although it was undisputed that a special agent's leaks to reporters violated the…
Date: November 28, 2018
Docket Number: 17-2496
Justia Opinion Summary: General Re entered into a Reinsurance Agreement with Lincoln, which allowed General Re to increase premiums only if the increase was founded on a “change in anticipated mortality.”. If General Re exercised that right,…
Date: November 27, 2018
Docket Number: 15-3560
Justia Opinion Summary: Sleepyʹs purchased beds from the Select Comfort for resale in Sleepyʹs stores and suspected that Select Comfort was disparaging Sleepyʹs stores and the particular line of Select Comfort beds it sold. Sleepy’s sued,…
Date: November 27, 2018
Docket Number: 17-2692
Justia Opinion Summary: Geismann filed a Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, class action complaint, alleging that it received unsolicited faxes from ZocDoc. After Geismann moved for class certification, ZocDoc made a…
Date: November 15, 2018
Docket Number: 17-78
Justia Opinion Summary: The Second Circuit vacated the district court's grant of a petition for a writ of habeas corpus based on ineffective assistance of counsel. The court held that, given the strong evidence of petitioner's guilty, he failed…
Date: November 14, 2018
Docket Number: 17-1549
Justia Opinion Summary: Under the circumstances of this case, copyright registration, without more, does not trigger accrual of an ownership claim under section 205(c) of the Copyright Act. The Second Circuit denied a petition for rehearing in…
Date: November 7, 2018
Docket Number: 17-970
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of defendants' motions for judgment on the pleadings in an action alleging malicious prosecution and denial of equal protection of the laws. The court held that New…
Date: November 5, 2018
Docket Number: 16-409
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for conspiring to engage in racketeering in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO). The court held that the government was not…
Date: November 5, 2018
Docket Number: 17-593
Justia Opinion Summary: The Second Circuit vacated defendant's conviction of charges related to his involvement in an insider trading scheme where he provided material, nonpublic information to his father. At issue was the so-called "silver…
Date: October 26, 2018
Docket Number: 15-2276
Justia Opinion Summary: The Second Circuit affirmed defendant's sentence issued on remand, holding that the district court effectively complied with the court's instruction to significantly reduce defendant's sentence and the sentence was now…
Date: October 16, 2018
Docket Number: 16-791
Justia Opinion Summary: The Second Circuit held that a petition filed in New York Supreme Court under N.Y. C.P.L.R. 3102(c) was not a "civil action" removable to federal court under 28 U.S.C. 1441, 1446. The court affirmed the district court's…
Date: October 16, 2018
Docket Number: 18-35
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of petitioner's motions for supervised release or bail pending resolution of his motion to vacate his sentence under 28 U.S.C. 2255. The court held that a…
Date: October 10, 2018
Docket Number: 16-2583
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of the government's motion under Federal Rules of Criminal Procedure 35 for a reduction in sentence. The court held that the district court applied the proper…
Date: October 10, 2018
Docket Number: 17-2849
Justia Opinion Summary: A 1988 consent order settled a suit brought by plaintiff against past and then present members of the rock band known as Lynyrd Skynyrd, seeking to clarify each party's rights with respect to the use of the name "Lynyrd…
Date: October 9, 2018
Docket Number: 13-3410
Justia Opinion Summary: The Controlled Substance Analogue Enforcement Act of 1986 was not unconstitutionally vague as applied to defendants' charges of conspiracy to deal in "controlled substance analogues." The Second Circuit held that the…
Date: October 4, 2018
Docket Number: 17-1222
Justia Opinion Summary: Defendant appealed his conviction of conspiracy to commit Hobbs Act robbery. The Second Circuit affirmed the district court's denial of defendant's motion to suppress physical evidence recovered during an investigatory…
Date: October 2, 2018
Docket Number: 17-3218
Justia Opinion Summary: Plaintiff brought a derivative action as a shareholder of Qlik, alleging that the Cadian Group owned more than ten percent of Qlik and engaged in short-term swing transactions in violation of Section 16(b) of the…
Date: October 1, 2018
Docket Number: 17-2718
Justia Opinion Summary: Plaintiffs, former employees of a Manhattan restaurant, filed suit against BLCH, the restaurant owner and operator, alleging violations of the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). Although…
Date: September 27, 2018
Docket Number: 14-4645
Date: September 27, 2018
Docket Number: 17-2654
Justia Opinion Summary: A group of electrical generators and trade groups of electrical generators challenged the constitutionality of New York's Zero Emissions Credit (ZEC) program. The ZEC program subsidizes qualifying nuclear power plants…
Date: September 26, 2018
Docket Number: 17-2554
Justia Opinion Summary: The Second Circuit reversed the tax court's decision rejecting the Commissioner's claim that the Estate of Andrew J. McKelvey owed $41 million in taxes with respect to McKelvey's 2008 income tax return for omitting what…
Date: September 26, 2018
Docket Number: 17-3209
Justia Opinion Summary: Pangea challenged the district court's order granting in part and denying in part the company's motion for writ of execution upon the proceeds from the sale of a property previously owned by appellees. The Second Circuit…
Date: September 26, 2018
Docket Number: 17-70
Justia Opinion Summary: The Second Circuit vacated the district court's grant of defendant's 28 U.S.C. 2255 motion and resentence to a lesser term of imprisonment than was initially imposed. The court held that defendant failed to meet his…
Date: September 25, 2018
Docket Number: 16-2535
Justia Opinion Summary: Utica and Clearwater appealed from the district court's summary judgment orders regarding Clearwater's obligations to Utica under five facultative reinsurance policies. The Second Circuit held that Clearwater's liability…
Date: September 20, 2018
Docket Number: 17-2894
Justia Opinion Summary: The Second Circuit affirmed defendant's 288 month sentence after he pleaded guilty for conspiracy to manufacture and distribute, and to import into the United States, five or more kilograms of cocaine. The court held…
Date: September 19, 2018
Docket Number: 16-2999
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment that Interstate breached its contractual duty to indemnify the Archdiocese under certain excess insurance policies. The Archdiocese appealed from an amended…
Date: September 19, 2018
Docket Number: 17-0546
Justia Opinion Summary: Plaintiff appealed the district court's grant of summary judgment to Just Energy on plaintiffs' minimum wage and overtime claims brought under the Fair Labor Standards Act (FLSA) and New York Labor Law. The Second…
Date: September 19, 2018
Docket Number: 17-2438
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of summary judgment to DLC in an action under the Fair Labor Standards Act (FLSA), seeking overtime compensation for former DLC drivers. The court held that the…
Date: September 18, 2018
Docket Number: 17-2702
Justia Opinion Summary: Defendant appealed his 108 month sentence for his role in a robbery and a firearms offense. The Second Circuit held that the two level enhancement for physically restraining a person during the robbery, pursuant to USSG…
Date: September 18, 2018
Docket Number: 17-2841
Justia Opinion Summary: Defendant appealed his sentence of failure to register as a sex offender in violation of 18 U.S.C. 2250, arguing that the district court modified his sentence by including in the written judgment a duty to submit to…
Date: September 14, 2018
Docket Number: 16-2972
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction and sentence for two counts of production of child pornography and four counts of possession of child pornography. The court held that the evidence was sufficient to…
Date: September 14, 2018
Docket Number: 16-3540
Justia Opinion Summary: The Second Circuit granted a petition for review of the Commissioner's decision adopting the Department of Appeals Board's (DAB) decision and imposition of an assessment and penalty for petitioner's failure to report…
Date: September 14, 2018
Docket Numbers: 16-977, 16‐3549
Justia Opinion Summary: Plaintiff appealed the district court's summary judgment in favor of the trustees of two union-affiliated employee benefit plans on her claims for relief pursuant to the Employee Retirement Income Security Act (ERISA).…
Date: September 13, 2018
Docket Number: 16-3480
Justia Opinion Summary: The Second Circuit granted a petition for review of the BIA's decision affirming the IJ's order of removal because petitioner had derivative citizenship from his citizen father. The court held that the temporary physical…
Date: September 12, 2018
Docket Number: 16-3329
Justia Opinion Summary: Defendant, a union local president, appealed his conviction of racketeering conspiracy and Hobbs Act extortion conspiracy for his efforts to force non‐union contractors to hire union members. The Second Circuit reversed…
Date: September 11, 2018
Docket Number: 17-0673
Justia Opinion Summary: Sports photographers filed suit seeking to recover damages on copyright, contract, and tort theories of liability after the NFL exploited thousands of their photographs without a license and without compensation. The…
Date: September 10, 2018
Docket Number: 14-2641
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for using firearms in the commission of violent crimes. The court held that defendant's argument as to substantive Hobbs Act robbery was defeated by this court's…
Date: September 7, 2018
Docket Number: 17-952
Justia Opinion Summary: Attempted robbery in the second degree under New York law is not a "crime of violence" under the "enumerated offenses" of application note 1(B)(iii) to Section 2L1.2 of the November 1, 2014 edition of the Sentencing…
Date: August 28, 2018
Docket Number: 17-0887
Justia Opinion Summary: Empire a distributor of alcoholic beverages, is New York State’s exclusive distributor for popular brands like Johnnie Walker, Grey Goose, and Seagram’s Gin. Empire alleges that from 2008-2014, Reliable and…
Date: August 27, 2018
Docket Number: 16-819
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction under the Biological Weapons Anti-Terrorism Act of 1989 and related statutes for ordering the lethal toxin ricin over the internet for the stated purpose of facilitating…
Date: August 27, 2018
Docket Number: 17-2703
Justia Opinion Summary: Plaintiffs filed a derivative action under Section 16(b) of the Securities Exchange Act of 1934 against Perceptive, seeking to require the company to disgorge profits from writing call options on shares of Repros that…
Date: August 24, 2018
Docket Number: 16-1010
Justia Opinion Summary: The Foreign Corrupt Practices Act (FCPA) defines precisely the categories of persons who may be charged for violating its provisions and states clearly the extent of its extraterritorial application. In this case, the…
Date: August 24, 2018
Docket Number: 16-1112
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction and sentence for conspiracy to distribute or possess with intent to distribute heroin, oxycodone, and cocaine, and distributing and possessing with intent to distribute…
Date: August 23, 2018
Docket Number: 17-934
Justia Opinion Summary: The Second Circuit denied a petition for review of the Board's finding that HealthBridge engaged in a number of unfair labor practices in violation of the National Labor Relations Act. The court held that sound legal…
Date: August 21, 2018
Docket Number: 17-779
Justia Opinion Summary: The Army took photographs of detainees at military detention facilities in Afghanistan and Iraq after September 11, 2001. The ACLU sought records related to the treatment of detainees with a Freedom of Information Act…
Date: August 21, 2018
Docket Number: 17-839
Justia Opinion Summary: Miller and Jenkins entered into a civil union in Vermont in 2000. In 2002, Miller gave birth to IMJ. Miller took IMJ to Virginia. Jenkins remained in Vermont. In 2003, a Vermont court dissolved the union and awarded…
Date: August 20, 2018
Docket Number: 16-3169
Justia Opinion Summary: Lloyd pleaded guilty to conspiracy to possess with intent to distribute controlled substances, 21 U.S.C. 841(a)(1), 841(b)(1)(A), 841(b)(1)(B), and 846, and possession of a firearm in furtherance of a drug trafficking…
Date: August 20, 2018
Docket Number: 17-2204
Justia Opinion Summary: Paysys Atos non‐exclusive rights to use Paysys software and to grant licenses for that software within a specified territory. The agreement provided that in litigation with respect to a territorial violation, the…
Date: August 15, 2018
Docket Number: 16-3650
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of summary judgment to defendants in an action alleging that defendants took adverse employment action against plaintiff in violation of the First Amendment in…
Date: August 14, 2018
Docket Number: 17-1162
Justia Opinion Summary: Plaintiff filed suit under the Racketeer Influenced and Corrupt Organizations Act (RICO), seeking to recover the loss of the inheritance she would have received from her mother's estate if not for her brother's…
Date: August 14, 2018
Docket Number: 17-1272
Justia Opinion Summary: The Second Circuit affirmed the district court's decision affirming the bankruptcy court's dismissal of a Chapter 7 involuntary bankruptcy petition creditor filed under 11 U.S.C. 303(a) against debtor. The bankruptcy…
Date: August 13, 2018
Docket Number: 17-1512
Justia Opinion Summary: The Second Circuit granted a petition for review of the BIA's decision ordering petitioner removed under 8 U.S.C. 1227(a)(1)(B) and 1227(a)(2)(B)(i). The court held that petitioner acquired United States citizenship at…
Date: August 10, 2018
Docket Number: 17-3733
Justia Opinion Summary: Section 6511(d)(3)(A) of the Internal Revenue Code, which establishes an elongated ten-year limitations period on refund claims resulting from foreign tax credits, was applicable only to overpayments attributable to…
Date: August 9, 2018
Docket Number: 17-2191
Justia Opinion Summary: A violation of the False Claims Act's (FCA) first‐to‐file bar cannot be remedied by amending or supplementing the complaint. Relator filed a qui tam action against Allergan, alleging that the pharmaceutical company…
Date: August 9, 2018
Docket Number: 17-2405
Justia Opinion Summary: The Second Circuit affirmed defendant's convictions and sentence for conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and a quantity of MDMA, and possessing a firearm in…
Date: August 9, 2018
Docket Number: 17-759
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of a judgment creditor's request for attachment and turnover of blocked electronic funds transfers (ETF) under Section 201 of the Terrorism Risk Insurance Act. In…
Date: August 8, 2018
Docket Number: 16-2895
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for conspiracy to distribute drugs. The court held that the evidence was sufficient to show that defendant conspired to distribute more than 100 grams of heroin. The…
Date: August 8, 2018
Docket Number: 17-2497
Justia Opinion Summary: The Second Circuit held that the district court erred in refusing to exercise supplemental jurisdiction in an action brought by laundromat workers against their employers under the Fair Labor Standards Act (FLSA). The…
Date: August 6, 2018
Docket Number: 15-2714
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of summary judgment for defendants in an action alleging that defendants conspired to boycott Anderson and drive it out of business, in violation of section 1 of the…
Date: August 6, 2018
Docket Number: 15-2869
Justia Opinion Summary: The Second Circuit vacated the district court's grant of defendant's motion to dismiss two counts of an indictment charging him with federal-program embezzlement. Defendant, a former New York State Senator, allegedly…
Date: August 6, 2018
Docket Number: 17-343
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for obstruction of justice and making false statements to federal agents. Defendant, a former New York State Senator, was convicted of crimes related to his efforts to…
Date: August 3, 2018
Docket Number: 17-296
Justia Opinion Summary: Plaintiff appealed the district court's dismissal of his claims under 42 U.S.C. 1983, alleging that his right to due process had been violated when fabricated evidence was used against him in a state criminal proceeding…
Date: August 2, 2018
Docket Number: 17-0361
Justia Opinion Summary: Marcel filed suit against Lucky Brand under the Lanham Act for infringing on Marcel's "Get Lucky" trademark through its use of "Lucky" on its merchandise. Marcel also alleged that Lucky Brand did so in violation of an…
Date: August 2, 2018
Docket Number: 17-756
Justia Opinion Summary: NCUA, an independent federal agency responsible for regulating and insuring federal credit unions, liquidated five corporate credit unions and succeeded to ownership of their assets, including residential mortgage-backed…
Date: July 31, 2018
Docket Number: 16-3044
Justia Opinion Summary: Defendant appealed her conviction and sentence for theft of government property in violation of 18 U.S.C. 641. The Second Circuit held that defendant did not waive her right of appeal; the district court was not…
Date: July 31, 2018
Docket Number: 16-3829
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction on five counts of drug and gun related offenses. The court held that the district court correctly determined that there was no unreasonable search in violation of the…
Date: July 31, 2018
Docket Number: 17-1343
Justia Opinion Summary: Vermont's campaign finance law, Vt. Stat. Ann. tit. 17, 2901 et seq., which imposes additional restrictions on candidates who choose to receive public campaign finance grants, did not violate the First Amendment. Former…
Date: July 31, 2018
Docket Number: 17-1487
Justia Opinion Summary: Best execution claims alleging misrepresentations or omissions relating to: (1) a broker's receipt of "kickbacks" from trading venues; and (2) the execution of trades so as to take advantage of such arrangements, satisfy…
Date: July 27, 2018
Docket Number: 16-3602
Justia Opinion Summary: OBC appealed the district court's grant of summary judgment for Excelled in a trademark dispute over use of the brand-name ROGUE on t-shirts. The Second Circuit held that Excelled failed to show entitlement to summary…
Date: July 27, 2018
Docket Number: 17-2186
Justia Opinion Summary: When a debt collector misreports a debt obligation to a consumer that she no longer owes, and requests payment on that debt, the consumer plausibly alleges violations of 15 U.S.C. 1692e and 1692f, notwithstanding the…
Date: July 27, 2018
Docket Number: 17-948
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment after defendant pleaded guilty to tax evasion and to corruptly endeavoring to obstruct and impede the due administration of the internal revenue laws. Defendant,…
Date: July 25, 2018
Docket Number: 16-3146
Justia Opinion Summary: The Second Circuit reversed the district court's denial of New York City Police Officers' motion for summary judgment based on qualified immunity in an action alleging violation of protestors' constitutional rights when…
Date: July 25, 2018
Docket Number: 16-4296
Justia Opinion Summary: The Second Circuit reversed the district court's two pretrial orders suppressing wiretap evidence and GPS data. The court held that the untainted portions of the First Wiretap Affidavit made ample showings to support the…
Date: July 25, 2018
Docket Number: 17-996
Justia Opinion Summary: The Second Circuit granted a petition for review of the BIA's decision affirming the IJ's denial of petitioners' motions to suppress evidence relating to their immigration status obtained by law enforcement agents during…
Date: July 24, 2018
Docket Number: 17-1605
Justia Opinion Summary: Johnson & Johnson appealed the district court's certification of a class of consumers who purchased baby products in an action alleging that the company violated the Connecticut Unfair Trade Practices Act (CUTPA), as…
Date: July 23, 2018
Docket Number: 14-4645
Justia Opinion Summary: The Second Circuit denied a petition for review of EPA's final rule promulgated under section 316(b) of the Clean Water Act, establishing requirements for cooling water intake structures at existing facilities, as well…
Date: July 23, 2018
Docket Number: 17-757
Justia Opinion Summary: A "controlled substance" for purposes of USSG 4B1.2(b) referred exclusively to substances controlled by the Controlled Substances Act (CSA). USSG 2K2.1 adopts the definition of a "controlled substance offense" in section…
Date: July 23, 2018
Docket Number: 17-950
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment in favor of defendants in an action alleging that defendants violated the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq., in connection with their…
Date: July 20, 2018
Docket Number: 17-1567
Justia Opinion Summary: The Second Circuit granted a petition for review of the BIA's order finding petitioner ineligible for cancellation of removal because his prior state conviction for sale of marijuana in the third degree constituted an…
Date: July 19, 2018
Docket Number: 15-3313
Justia Opinion Summary: Defendant appealed his conviction and sentence for being a felon in possession of a firearm and ammunition and possession of crack cocaine with intent to distribute. This case, in which oral argument was heard, was held…
Date: July 19, 2018
Docket Number: 16-2363
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment in an action brought by plaintiff against Midland, alleging that they violated the Fair Debt Collection Practices Act (FDCPA). The court held that the district…
Date: July 13, 2018
Docket Number: 16-1356
Justia Opinion Summary: Leopard Marine sought a declaratory judgment that a maritime lien held by Easy Street, a Cypriot fuel supply company, has been extinguished by laches. The Second Circuit affirmed the district court's decision to decline…
Date: July 13, 2018
Docket Number: 16-2986
Justia Opinion Summary: The Second Circuit affirmed defendant's convictions for prostituting two minors, in violation of 18 U.S.C. 1591, and for employing a minor in the creation of a sexually explicit video, in violation of 18 U.S.C. 2251. The…
Date: July 11, 2018
Docket Number: 17-1676
Justia Opinion Summary: The Second Circuit affirmed the order of the district court to the extent it denied petitioner's motion to vacate his sentence under 28 U.S.C. 2255. The court held that petitioner's claim did not rely on the rule…
Date: July 10, 2018
Docket Number: 15-1018
Justia Opinion Summary: The Second Circuit vacated the district court's grant of summary judgment to the DOC in an action alleging that the DOC's policy of not accommodating the dietary restrictions imposed by plaintiff's Nazarite Jewish faith…
Date: July 10, 2018
Docket Number: 16-3303
Justia Opinion Summary: The Second Circuit affirmed in part and reversed in part the district court's denial of defendants' motion to dismiss under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction on grounds of…
Date: July 10, 2018
Docket Number: 16-3327
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's Employee Retirement Income Security Act (ERISA) complaint for failure to state claims for which relief can be granted. Plaintiffs challenged the…
Date: July 10, 2018
Docket Number: 17-287
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction of possession of ammunition after having been dishonorably discharged from the military, in violation of 18 U.S.C. 922(g)(6). The court held that defendant's conviction…
Date: July 10, 2018
Docket Number: 17-424
Justia Opinion Summary: The Second Circuit reversed a petition seeking leave to subpoena the defendant law firm, Shell's United States counsel, for documents belonging to a foreign company, Royal Dutch Shell. The court held that it was an abuse…
Date: July 10, 2018
Docket Number: 17-869
Justia Opinion Summary: The Second Circuit reversed the district court's denial of Defendant Emmons and Wallace's post-trial motion for judgment as a matter of law, and the corresponding entry of judgment following a jury verdict in favor of…
Date: July 9, 2018
Docket Number: 16-2765
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction and sentence for assault with a dangerous weapon and discharge of a firearm during a crime of violence. The court rejected defendant's contention that the district court…
Date: July 9, 2018
Docket Number: 16-3944
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of summary judgment to the Vessel on a competing maritime lien claim brought against it by ING and Chemoil under the Commercial Instruments and Maritime Liens Act…
Date: July 5, 2018
Docket Number: 17-157
Justia Opinion Summary: The ACLU filed suit under the Freedom of Information Act (FOIA), seeking documents concerning drone strikes. On appeal, defendants sought to vacate a ruling that a certain fact has been officially acknowledged and to…
Date: July 2, 2018
Docket Number: 17-2479
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction of misdemeanor computer intrusion in violation of 18 U.S.C. 1030(a)(2)(C), a provision of the Computer Fraud and Abuse Act of 1986 (CFAA). The court held that…
Date: June 29, 2018
Docket Number: 15-2474
Justia Opinion Summary: The Second Circuit reversed the district court's grant of partial summary judgment for plaintiff on her claim that Time Warner knowingly or willfully violated the Telephone Consumer Protection Act of 1991, 47 U.S.C. 227,…
Date: June 29, 2018
Docket Number: 17-2780
Justia Opinion Summary: The Second Circuit granted consolidated petitions for review of a final rule published by the National Highway Traffic Safety Administration indefinitely delaying a previously published rule increasing civil penalties…
Date: June 22, 2018
Docket Number: 15-3449
Justia Opinion Summary: New York authorities arrested Olmeda for attempted murder, attempted assault on a police officer with a deadly weapon, attempted assault, and criminal possession of a weapon. Olmeda had two firearms in his possession.…
Date: June 22, 2018
Docket Number: 16-2528
Justia Opinion Summary: In 1999, Villanueva was indicted for unlawful possession of a firearm by a convicted felon, 18 U.S.C. 922(g)(1). The indictment alleged two prior convictions for narcotics violations, a third for first-degree assault,…
Date: June 22, 2018
Docket Number: 17-474
Justia Opinion Summary: The district court rejected Plaintiffs’ claim that New York’s ban on gravity knives was void for vagueness under the Due Process Clause as applied to “[k]nives that are designed to resist opening from their folded and…
Date: June 21, 2018
Docket Number: 17-1281
Justia Opinion Summary: New York law provides that a court may order that a person who has information material to a criminal proceeding be detained to secure her attendance at the proceeding, N.Y. Crim. Proc. Law 620.10–50. In 2008,…
Date: June 19, 2018
Docket Number: 15-2276
Justia Opinion Summary: On a second appeal following resentencing, the Second Circuit vacated defendant's 300 month sentence for production of child pornography and receipt of child pornography. The court held that the district court did not…
Date: June 19, 2018
Docket Number: 16-87
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction and sentence for conspiracy to possess with intent to distribute cocaine base, possession with intent to distribute various quantities of cocaine base and cocaine,…
Date: June 19, 2018
Docket Number: 17-1375
Justia Opinion Summary: The Second Circuit vacated the district court's dismissal of a securities action based on lack of subject matter jurisdiction. In this case, the district court concluded that plaintiffs failed to sufficiently allege a…
Date: June 13, 2018
Docket Number: 16-3923
Justia Opinion Summary: A maritime lien may be asserted by an entity when that entity contracts with a vessel's owner, charterer, or other statutorily-authorized person for the provision of necessaries and the necessaries are supplied pursuant…
Date: June 13, 2018
Docket Number: 17-2065
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of defendants' motion to dismiss based on qualified immunity in a 42 U.S.C. 1983 action alleging that defendants, police officers, used excessive force when they…
Date: June 13, 2018
Docket Number: 17-898
Justia Opinion Summary: Petitioner challenged the district court's dismissal of her petition asserting a third party interest in certain accounts preliminarily forfeited in the underlying criminal proceedings against her husband, Paul M.…
Date: June 8, 2018
Docket Number: 16-64
Justia Opinion Summary: The Second Circuit joined its sister circuits and held that differentiating between two classes of legal permanent residents—those who seek a waiver from within the United States and those who seek a waiver at the…
Date: June 8, 2018
Docket Number: 17-224
Justia Opinion Summary: AEI filed a declaratory judgment action alleging that Lincoln was barred from challenging the validity of a life insurance policy because the two‐year contestability period had lapsed. The district court granted AEI's…
Date: June 7, 2018
Docket Number: 17-1137
Justia Opinion Summary: ICA insures workers compensation claims. The Underwriters provide ICA with reinsurance under treaties, which require that disputes be adjudicated by a three-member arbitration panel: one party-appointed arbitrator for…
Date: June 6, 2018
Docket Number: 15-2181
Justia Opinion Summary: The Second Circuit vacated the district court's grant of summary judgment against plaintiffs. The court certified two questions to the New York Court of Appeals and received two answers to those questions. The state…
Date: June 6, 2018
Docket Number: 17-1549
Justia Opinion Summary: Plaintiffs, members of a musical group called "Sly Slick & Wicked," filed suit alleging that Dynatone and others collected royalties from the sampling of their song, "Sho' Nuff" in 2013 and that plaintiffs were entitled…
Date: June 4, 2018
Docket Number: 16-4129
Justia Opinion Summary: The Second Circuit set aside defendant's sentence after he pleaded guilty to being a felon in possession of a firearm and ammunition. The court held that the government did not waive arguments based on the former…
Date: June 4, 2018
Docket Number: 17-151
Justia Opinion Summary: The Second Circuit denied a petition for a writ of error coram nobis where petitioner sought vacatur of his prior conviction and sentence for conspiracy to commit mail and wire fraud, as well as 21 counts of mail fraud,…
Date: June 1, 2018
Docket Number: 15-3737
Justia Opinion Summary: The Second Circuit remanded the district court's denial of defendant's motion to reduce his sentence under 18 U.S.C. 3582(c)(2), holding that the district court failed to state whether it had made the requisite initial…
Date: May 30, 2018
Docket Number: 17-689
Justia Opinion Summary: Forcing someone to withdraw money from an ATM and then stealing the money has a sufficient effect on interstate commerce to support jurisdiction under the Hobbs Act. The Second Circuit affirmed the district court's…
Date: May 25, 2018
Docket Number: 16-2262
Justia Opinion Summary: Omissions need not go to the heart of a claim to be considered in adverse credibility determinations, but they must still be weighed in light of the totality of the circumstances and in the context of the record as a…
Date: May 22, 2018
Docket Number: 16-4225
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of plaintiff's motion for a new trial in a 42 U.S.C. 1983 action alleging that a police officer used excessive force by slamming plaintiff's head into the bars and…
Date: May 16, 2018
Docket Number: 16-1380
Justia Opinion Summary: When a stay has been issued, an immigrant is not held pursuant to 8 U.S.C. 1231(a) because he is not in the "removal period" contemplated by statute until his appeal is resolved by this court. The Second Circuit reversed…
Date: May 16, 2018
Docket Number: 17-1039
Justia Opinion Summary: Plaintiff filed suit against police officers, alleging that they used excessive force in violation of the Fourth Amendment. In this interlocutory appeal, the officers challenged the district court's order of a new trial.…
Date: May 16, 2018
Docket Number: 17-76
Justia Opinion Summary: Plaintiff, a police officer and former police union official, filed suit alleging that defendants violated his First Amendment right to freedom of speech by retaliating against him for criticizing management decisions by…
Date: May 11, 2018
Docket Number: 17-2704
Justia Opinion Summary: Because existing New York law does not clearly settle whether claims for interest on principal continue to accrue after a claim for the principal itself is time‐barred, the Second Circuit certified questions pertaining…
Date: May 10, 2018
Docket Number: 16-2082
Justia Opinion Summary: At issue in this case was whether the record contained sufficient evidence to support the jury's verdict that a continuing course of conduct tolled the statute of limitations, Connecticut General Statutes 52‐577. The…
Date: May 9, 2018
Docket Number: 14-3872
Justia Opinion Summary: A summary order was issued on August 3, 2016 addressing and rejecting most of defendant's claims on appeal. This opinion considered one of defendant's challenges to his conviction regarding Hobbs Act robbery. The Second…
Date: May 9, 2018
Docket Number: 15-1631
Justia Opinion Summary: The First Amendment protects a prisoner's right not to serve as a prison informant or provide false information to prison officials. The Second Circuit affirmed the district court's grant of summary judgment to…
Date: May 9, 2018
Docket Number: 15-2164
Justia Opinion Summary: The Second Circuit held that the district court erred in its interpretation of the contracts under the court's prior precedent and therefore, the court vacated the original judgment and remanded to the district court for…
Date: May 8, 2018
Docket Number: 15-3285
Justia Opinion Summary: The Second Circuit denied a petition for review of an order of removal based on petitioner's conviction for possession of a controlled substance in the fifth degree in violation of New York Penal Law. The court rejected…
Date: May 7, 2018
Docket Number: 16-3292
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment in an action filed by seven former participants in online discount membership programs, alleging that Trilegiant conspired with e‐merchant retailers such as…
Date: May 4, 2018
Docket Number: 17-1199
Justia Opinion Summary: Plaintiffs filed suit for damages resulting from defendants' manipulation of natural gas trading at four regional hubs in the western part of the United States. The Second Circuit held that plaintiffs had Article III…
Date: May 3, 2018
Docket Number: 17-1464
Justia Opinion Summary: The Second Circuit vacated defendant's conviction for securities fraud. The court held that although defendant's misstatements could be found by a jury to be material, the district court materially erred in admitting…
Date: May 2, 2018
Docket Number: 16-1176
Justia Opinion Summary: Plaintiffs filed suit against senior federal law enforcement officials and 25 named and unnamed federal law enforcement officers, alleging that federal officers retaliated against plaintiffs when plaintiffs refused to…
Date: May 2, 2018
Docket Number: 16-4063
Justia Opinion Summary: The Second Circuit vacated in part the district court's revocation of supervised release and sentence of one year in prison followed by a term of supervised release. In this case, defendant violated the terms of his…
Date: May 1, 2018
Docket Number: 16-3708
Justia Opinion Summary: The Second Circuit vacated defendant's conviction for being a felon in possession of a firearm. In this case, the district court denied defendant's motion to suppress two firearms recovered from his property in a…
Date: May 1, 2018
Docket Number: 17-1251
Justia Opinion Summary: Various entities and individuals associated with the New York City medallion taxicab industry filed suit under 42 U.S.C. 1983, alleging that defendants' regulatory scheme applicable to the ground transportation market in…
Date: April 30, 2018
Docket Number: 17-1359
Justia Opinion Summary: Plaintiff challenged the district court's dismissal of claims alleging that his employer, the City, retaliated against him after he filed a discrimination complaint, in violation of 42 U.S.C. 1981 and Title VII of the…
Date: April 26, 2018
Docket Number: 15-3814
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for one count of conspiracy to violate and one count of violating, attempting to violate, and aiding and abetting the violation of the Arms Export Control Act (AECA), 22…
Date: April 26, 2018
Docket Number: 16-3848
Justia Opinion Summary: The Second Circuit held that the district court lawfully denied defendant's motion for attorney's fees and other litigation expenses under the Hyde Amendment of 1997. The court joined its sister circuits in holding that…
Date: April 25, 2018
Docket Number: 17-503
Justia Opinion Summary: Larson was involved with—and later convicted of crimes related to—the organization of fraudulent tax shelters. The IRS then required organizers/promoters to register tax shelters not later than the day of the first…
Date: April 24, 2018
Docket Number: 15-3699
Justia Opinion Summary: The Second Circuit denied a petition for panel rehearing of the original panel decision in United States v. Martinez, 862 F.3d 223 (2d Cir. 2017). Petitioner argued that the original panel erroneously ruled that his…
Date: April 20, 2018
Docket Number: 16-3912
Justia Opinion Summary: This case stemmed from the parties' dispute over adjudicating rights associated with The Sloppy Tuna, a restaurant in Montauk, NY. On appeal, Montauk challenged the district court's dismissal of its Lanham Act claims and…
Date: April 13, 2018
Docket Number: 16-158
Justia Opinion Summary: Corsair obtained a $5,443,171.33 judgment against the defendants. Corsair learned that one of the defendants had a contract with National Resources, entitling the defendant to a payment of more than $3,000,000 and…
Date: April 13, 2018
Docket Number: 17-632
Justia Opinion Summary: Wright cut in front of Musanti as they were walking to their respective Manhattan offices during rush hour. Musanti responded by kicking Wright’s legs, and a verbal and physical altercation ensued. Musanti pressed…
Date: April 12, 2018
Docket Number: 16-3526
Justia Opinion Summary: Plaintiffs filed a putative class action, alleging that defendants (insurance providers, banks, and credit card companies) targeted credit card holders with fraudulent solicitations for illegal accidental disability and…
Date: April 11, 2018
Docket Number: 17-1017
Justia Opinion Summary: Plaintiff filed a putative class action challenging the City's policy of denying tenants the opportunity to open water accounts in their own name and shutting off water service to tenants when landlords fail to pay water…
Date: April 10, 2018
Docket Number: 17-1085
Justia Opinion Summary: Plaintiff, a variable annuity policy holder, filed a putative class action in state court alleging breach of contract by an insurance company when it introduced a volatility management strategy to the policies without…
Date: April 6, 2018
Docket Number: 16-3966
Justia Opinion Summary: Because New York Labor Law does not call for awards of New York Labor Law (NYLL) liquidated damages on top of liquidated damages under the Fair Labor Standards Act (FLSA), district courts may not award cumulative…
Date: April 4, 2018
Docket Number: 16-3754
Justia Opinion Summary: 28 U.S.C. 2255 jurisdiction does not reach the restitution part of a sentence where, as here, the restitution cannot be deemed custodial punishment. It is not the amount of restitution alone but, rather, the terms of…
Date: April 4, 2018
Docket Number: 17-1881
Justia Opinion Summary: This appeal involved an intra‐family dispute over who owns a residential house. The Second Circuit held that the district court properly granted defendants' motion for summary judgment on the pleadings with respect to…
Date: April 4, 2018
Docket Numbers: 17-2737, 17-2741, 17-2994
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of plaintiff's motions to proceed in forma pauperis in three appeals challenging judgments under the three-strikes provision of 28 U.S.C. 1915(g), denial of leave…
Date: March 30, 2018
Docket Number: 17-1727
Justia Opinion Summary: The Second Circuit vacated the district court's dismissal of plaintiff's personal injury claims against more than fifty corporate defendants, holding that the district court abused its discretion in invoking the…
Date: March 29, 2018
Docket Number: 16-1256
Justia Opinion Summary: Petitioner, a native and citizen of the Dominican Republic, sought review of the BIA's dismissal of his appeal from an IJ's order of removal and denial of his application for deferral of removal under the Convention…
Date: March 29, 2018
Docket Number: 16-3125
Justia Opinion Summary: Plaintiff filed suit seeking enforcement of an English judgment against defendant for failure to tender payment under a freight-derivative contract and asserted admiralty jurisdiction under 28 U.S.C. 1333(1). The Second…
Date: March 29, 2018
Docket Number: 17-1650
Justia Opinion Summary: A collection notice that fails to disclose that interest and fees are not currently accruing on a debt is not misleading within the meaning of Section 1692e of the Fair Debt Collection Practices Act. The Second Circuit…
Date: March 29, 2018
Docket Number: 17-227
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of defendant's Rule 12(b)(6) motion to dismiss an action challenging a Connecticut law imposing recycling fees on electronics manufacturers. VIZIO alleged that…
Date: March 29, 2018
Docket Number: 17-648
Justia Opinion Summary: Plaintiffs, five Korean citizens, filed suit alleging that Tower Research Capital, a New York based high‐frequency trading firm, and its founder injured them and others by engaging in manipulative "spoofing" transactions…
Date: March 29, 2018
Docket Number: 17-737
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of a claim alleging that the New York State Thruway Authority violated the Dormant Commerce Clause when it used surplus revenue from highway tolls to fund the…
Date: March 28, 2018
Docket Number: 17-231
Justia Opinion Summary: Defendant appealed the district court's imposition of an additional four years of supervised release and a special condition that defendant refrain from consuming any alcohol whatsoever while under supervision. The court…
Date: March 27, 2018
Docket Number: 17-486
Justia Opinion Summary: First degree robbery in violation of Connecticut General Statutes section 53a‐134(a)(4) qualifies as a "violent felony" under the so‐called elements clause of the Armed Career Criminal Act of 1984 (ACCA), 18 U.S.C.…
Date: March 23, 2018
Docket Number: 15-2251
Justia Opinion Summary: The Second Circuit granted a petition for review of the ARB's final order affirming the ALJ's decision that Intervenor Anthony Santiago was entitled to relief under section 20109(c)(1) of the Federal Railroad Safety Act,…
Date: March 23, 2018
Docket Number: 16-3618
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment in an action brought by parents of a student with an emotional disturbance against the school district. The parents claimed that the school district violated…
Date: March 23, 2018
Docket Number: 17-62
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of a putative class action complaint alleging that Abbott violated New York and California statutes and common law by advertising and selling Similac infant…
Date: March 21, 2018
Docket Number: 17-808
Justia Opinion Summary: The Second Circuit appealed the district court's dismissal of Great Minds' copyright infringement action against FedEx. The court found that Great Minds' license did not explicitly address whether licensees may engage…
Date: March 16, 2018
Docket Number: 15-1777
Justia Opinion Summary: The Second Circuit vacated the district court's denial of plaintiff's request for a jury instruction concerning punitive damages for pregnancy discrimination claims arising under the New York City Human Rights Law…
Date: March 15, 2018
Docket Number: 15-131
Justia Opinion Summary: Three defendants found by a jury to have engaged in a criminal conspiracy to distribute and possess with intent to distribute cocaine, 21 U.S.C. 841(b)(1)(A) challenged their convictions, contending that venue did not…
Date: March 15, 2018
Docket Number: 16-3076
Justia Opinion Summary: Novelis’ Oswego plant management announced that employees would no longer receive Sunday premium pay and that holiday and vacation days would no longer count toward overtime eligibility. Abare and others obtained signed…
Date: March 15, 2018
Docket Number: 16-3615
Justia Opinion Summary: Defendants Brenda Halpin and the State of Connecticut appealed a district court judgment denying their motion to dismiss plaintiff Virginia Brown’s claims of First Amendment retaliation and violation of Connecticut…
Date: March 15, 2018
Docket Number: 16-3981
Justia Opinion Summary: Flores, a native of Ecuador, legally entered the U.S. in 1978 but overstayed his visa. He obtained legal permanent resident (LPR) status in 1979 and a passport stamp reading “temporary evidence of lawful admission for…
Date: March 14, 2018
Docket Number: 16-4128
Justia Opinion Summary: The Second Circuit denied a petition for review of OSHA's final order affirming a citation issued to a construction company for a repeat violation of an excavation standard and assessing a penalty of $25,000. The court…
Date: March 13, 2018
Docket Number: 16-4318
Justia Opinion Summary: The Second Circuit vacated defendant's conviction for drug-related offenses based on the district court's failure to inform defendant of the immigration consequences of his plea. In this case, the district court…
Date: March 12, 2018
Docket Number: 17-3770
Justia Opinion Summary: The Second Circuit denied the petition for review of FERC's two orders authorizing Millennium Pipeline to construct a natural gas pipeline in Orange County, New York. The court held that the Department waived its…
Date: March 8, 2018
Docket Number: 15-3313
Justia Opinion Summary: The Second Circuit held that the evidence at trial was sufficient to prove defendant's possession of crack cocaine with intent to distribute. The court also held, as a matter of first impression, that the New York…
Date: March 8, 2018
Docket Number: 16-3922
Justia Opinion Summary: Petitioner challenged the BIA's retroactive application of a new rule expanding the types of larceny that qualify as a crime of moral turpitude. The Second Circuit granted the petition for review and reversed the BIA's…
Date: March 7, 2018
Docket Number: 16-2496
Justia Opinion Summary: The Second Circuit affirmed the bankruptcy court's denial of Credit One's motion to compel arbitration on the basis of a clause in the cardholder agreement between Credit One and debtor. The court held that debtor's…
Date: March 7, 2018
Docket Numbers: 16-3833, 16-3854
Justia Opinion Summary: Employees of Wells Fargo filed putative class arbitrations before the American Arbitration Association, seeking unpaid overtime from Wells Fargo. The Second Circuit affirmed the district court's denial of Wells Fargo's…
Date: March 7, 2018
Docket Number: 16-3876
Justia Opinion Summary: The Second Circuit reversed the district court's order suppressing statements that defendant made to law enforcement authorities in the course of a non-custodial interview on March 4, 2015. The court reviewed the…
Date: March 7, 2018
Docket Number: 16-474
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of summary judgment in favor of defendants in an action alleging discrimination and retaliation against plaintiff, a former duty chaplain at New York Methodist…
Date: March 7, 2018
Docket Number: 16-480
Justia Opinion Summary: Plaintiff filed suit against defendants, alleging claims under 42 U.S.C. 1983 for deliberate indifference and seeking to hold defendant Michael Allen, a police officer, responsible for excessive use of force. The Second…
Date: March 6, 2018
Docket Number: 14-1150
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction and sentence for conspiracy to distribute and possess with intent to distribute heroin and cocaine. The court held that although the evidence demonstrated that defendant…
Date: March 5, 2018
Docket Number: 16-2930
Justia Opinion Summary: The Second Circuit held that the district court properly denied an insurance company's motion to rescind a life insurance policy on the basis of misrepresentations made by the deceased when applying for the policy. The…
Date: March 2, 2018
Docket Number: 16-2592
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of a motion for partial summary judgment dismissing plaintiff's claims of nuisance, trespass, and negligence arising from water contamination as barred by the…
Date: March 1, 2018
Docket Number: 16-1335
Justia Opinion Summary: Connecticut General Statute 52‐59b, which provides for long‐arm jurisdiction over certain out‐of‐state defendants except in defamation actions, does not violate plaintiff's First or Fourteenth Amendment rights. This case…
Date: February 28, 2018
Docket Number: 14-3831
Justia Opinion Summary: The Second Circuit reversed the district court's grant of summary judgment in favor of ACE on its claim that the decision not to renew its precious metals license violated procedural due process because it was made…
Date: February 28, 2018
Docket Number: 16-2323
Justia Opinion Summary: The Second Circuit denied petitions for review of a precedential decision of the BIA finding petitioner ineligible for asylum under the Immigration and Nationality Act based on the ground that she provided "material…
Date: February 27, 2018
Docket Number: 15-3885
Justia Opinion Summary: Fox filed suit against TVEyes for copyright infringement after TVEyes, a media company that continuously records the audiovisual content of more than 1,400 television and radio channels, enabled its clients to watch…
Date: February 27, 2018
Docket Number: 16-2944
Justia Opinion Summary: Plaintiff filed suit under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961, et seq., challenging the district court's judgment in favor of defendants. In this case, plaintiff alleged that…
Date: February 26, 2018
Docket Number: 15-3775
Justia Opinion Summary: Sexual orientation discrimination constitutes a form of discrimination "because of . . . sex," in violation of Title VII of the Civil Rights Act. The en banc court held that sexual orientation discrimination was…
Date: February 23, 2018
Docket Number: 15-2342
Justia Opinion Summary: The Second Circuit denied a petition for review of the BIA's decision affirming the IJ's denial of petitioner's application for asylum. The BIA interpreted the corroboration provision of the REAL ID Act of 2005, Pub. L.…
Date: February 23, 2018
Docket Number: 15-638
Justia Opinion Summary: The provision of a New York City licensing scheme (Rule 5-23), under which an individual with a "premises license" for a handgun may remove the handgun from the designated premises only for specified purposes, did not…
Date: February 23, 2018
Docket Number: 16-1189
Justia Opinion Summary: Schwab filed suit seeking to recover for harm allegedly resulting from a conspiracy among major banks to manipulate the London Interbank Offered Rate (LIBOR). The district court dismissed Schwab's state law claims for…
Date: February 23, 2018
Docket Number: 16-1429
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for failing to register as a sex offender, in violation of the Sex Offender Registration and Notification Act (SORNA), 18 U.S.C. 2250(a). The court held that a SORNA…
Date: February 23, 2018
Docket Number: 17-3585
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of NASL's motion for a preliminary injunction seeking a Division II designation pending the resolution of its antitrust case against USSF. Applying the heightened…
Date: February 22, 2018
Docket Number: 17-896
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of defendant's motion to reduce his sentence pursuant to 18 U.S.C. 3582(c) and Amendment 782 to the United States Sentencing Guidelines. The court held that the…
Date: February 16, 2018
Docket Number: 15-1134
Justia Opinion Summary: DRK, a purported assignee of photographers' rights to sue for infringement, filed suit seeking statutory damages from Wiley, a licensee, for exceeding its licensed use of certain photographs as to which DRK…
Date: February 16, 2018
Docket Number: 16-601
Justia Opinion Summary: 21 U.S.C. 853(n) proceedings are civil and thus governed by the time limits in Federal Rule of Appellate Procedure 4(a), which are jurisdictional because they implement the requirements of 28 U.S.C. 2107. The clock…
Date: February 15, 2018
Docket Number: 16-3310
Justia Opinion Summary: Citizens United filed suit challenging the regulations promulgated by the Attorney General's office that required non-profit organizations to disclose their donors on a yearly basis. The Second Circuit affirmed the…
Date: February 13, 2018
Docket Numbers: 16-2967, 16-3402
Justia Opinion Summary: In the underlying case, employees of SAIC, the lead contractor on New York's CityTime project, were convicted of conspiring to obtain bribes and kickbacks from one of SAIC's subcontractors. Federal, the insurer of SAIC,…
Date: February 9, 2018
Docket Number: 16-2119
Justia Opinion Summary: The Second Circuit vacated the district court's judgment entered in the stipulated total amount of $100,000,000 following a jury verdict holding that the bank was liable under the Antiterrorism Act (ATA), 18 U.S.C. 2333,…
Date: February 9, 2018
Docket Number: 16-2173
Justia Opinion Summary: SPV, the assignee of Optimal Strategic, filed suit against UBS and its affiliated entities and individuals (collectively, Access), alleging that UBS and Access aided and abetted the Bernard L. Madoff Investment…
Date: February 9, 2018
Docket Number: 16-2888
Justia Opinion Summary: Plaintiffs, employees of the Rensselaer County Jail, filed suit alleging violations of their right to privacy in health information under the Fourteenth Amendment and the Computer Fraud and Abuse Act (CFAA), 18 U.S.C.…
Date: February 9, 2018
Docket Number: 16-4155
Justia Opinion Summary: The public access TV channels in Manhattan are public forums and MCAC's employees were sufficiently alleged to be state actors taking action barred by the First Amendment to prevent dismissal of the claims against MCAC…
Date: February 8, 2018
Docket Number: 17-52
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's complaint sua sponte on the ground of res judicata. Plaintiff filed the present case after the dismissal of his first case, alleging nearly…
Date: February 6, 2018
Docket Number: 15-3777
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of DC-Rendite's motion for a maritime attachment and garnishment under Rule B of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture…
Date: January 29, 2018
Docket Number: 17-54
Justia Opinion Summary: Plaintiff filed suit against Stony Brook under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., alleging discrimination and retaliation when he was terminated from his employment as an electrician. The…
Date: January 25, 2018
Docket Number: 16-3637
Justia Opinion Summary: ePRO filed an interlocutory appeal challenging the imposition of discovery sanctions. The Second Circuit found no error in the district court's factual findings and concluded that the monetary sanctions it awarded…
Date: January 23, 2018
Docket Number: 15-3073
Justia Opinion Summary: Defendant appealed his conviction for five counts of drug-related charges. The Second Circuit reversed the judgment of the district court and dismissed with prejudice the indictment on all related charges against…
Date: January 22, 2018
Docket Number: 16-2812
Justia Opinion Summary: After NASDAQ encountered a variety of technical difficulties in executing Facebook, Inc.'s initial public offering (IPO), retail investors filed suit against NASDAQ. After those claims were eventually settled, NASDAQ…
Date: January 22, 2018
Docket Number: 16-4166
Justia Opinion Summary: The Second Circuit reversed the district court's judgment declaring that Citizens was obligated to defend and, if necessary, indemnify Risen Foods under a businessowners policy and an umbrella policy in an underlying…
Date: January 12, 2018
Docket Number: 16-250
Justia Opinion Summary: Goldman Sachs appealed the district court's order certifying a class of plaintiffs who purchased shares of common stock in Goldman Sachs. Plaintiffs alleged that Goldman Sachs made material misstatements about its…
Date: January 12, 2018
Docket Number: 16-3074
Justia Opinion Summary: The Second Circuit reversed the district court's dismissal of plaintiff's third amended complaint against the Department and others. Plaintiff alleged that he was subjected to discrimination and retaliation after he…
Date: January 10, 2018
Docket Number: 16-3995
Justia Opinion Summary: Third-party garnishees challenged the district court's judgment directing them to turn over $1,056,444.15 to a judgment creditor to satisfy a judgment against a judgment debtor. The Second Circuit agreed with the…
Date: January 9, 2018
Docket Number: 16-2394
Justia Opinion Summary: Defendant was convicted of conspiring to misappropriate and sell property of AOL and was ordered to pay AOL restitution. On appeal, defendant challenged the district court's denial of his motion for a reduction of his…
Date: January 3, 2018
Docket Number: 16-2835
Justia Opinion Summary: The district court entered judgment against defendants, awarding plaintiff nominal damages for each of the six months during which the district court ruled that defendants had unreasonably delayed in requesting a state…
Date: January 3, 2018
Docket Number: 16-622
Justia Opinion Summary: WD filed suit against OGS, alleging that defendants violated its rights under the First Amendment, the Equal Protection Clause, and the New York State Constitution by denying WD's applications to participate as a food…
Date: January 3, 2018
Docket Number: 17-99
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of defendant's motion for judgment on the pleadings in an action alleging that defendant violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227. The…
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