2018 Second Circuit US Court of Appeals Case Law

Hechavarria v. Sessions
Date: May 22, 2018
Docket Number: 16-1380
Ali v. Kipp  
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...

Hechavarria v. Sessions  
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...

Bryant v. Meriden Police Department  
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....

Montero v. City of Yonkers  
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...

Ajdler v. Province of Mendoza  
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 t...

Evanston Insurance Co. v. William Kramer & Associates, LLC  
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 Sec...

United States v. Hill  
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...

Burns v. Martuscello  
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 defendant...

Global Reinsurance Corporation of America v. Century Indemnity Co.  
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...

Choi v. Tower Research Capital LLC
Date: May 9, 2018
Docket Number: 17-648
Perez Henriquez v. Sessions  
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...

Williams v. Affinion Group, LLC  
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 Buy.c...

Harry v. Total Gas & Power North America, Inc.  
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 sta...

United States v. Litvak  
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 evi...

Tanvir v. Tanzin  
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 se...

United States v. Brooks  
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 supe...

United States v. Alexander  
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 warrant...

Progressive Credit Union v. City of New York  
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...

Duplan v. City of New York  
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 Ci...

United States v. Henry  
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...

United States v. Larson  
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...

Larson v. United States  
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 offer...

United States v. Rodriguez  
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 stat...

Montauk U.S.A., LLC v. 148 South Emerson Associates LLC  
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...

Corsair Special Situations Fund, L.P. v. Pesiri  
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 obtain...

Wright v. Musanti  
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 crimin...

DuBuisson v. Stonebridge Life Insurance Co.  
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...

Winston v. City of Syracuse  
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...

O'Donnell v. AXA Equitable Life Ins. Co.  
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 fu...

Rana v. Islam  
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 liquida...

United States v. Rutigliano  
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 pay...

Jaffer v. Hirji  
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 pl...

Akassy v. Hardy  
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 t...

Clark v. Advanced Composites Group  
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 equitabl...

Doe v. Sessions  
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 Agai...

d'Amico Dry Ltd. v. Primera Maritime (Hellas) Ltd.  
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...

Taylor v. Financial Recovery Services, Inc.  
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 a...

VIZIO, Inc. v. Klee  
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 Conne...

Choi v. Tower Research Capital LLC  
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...

American Trucking Ass'ns, Inc. v. N.Y. State Thruway Authority  
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 St...

United States v. Betts  
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...

United States v. Bordeaux  
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. 924(e...

Metro-North Commuter Railroad Co. v. U.S. Department of Labor  
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,...

Mr. & Mrs. P. v. West Hartford Board of Education  
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 proc...

Marentette v. Abbott Laboratories  
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 form...

Great Minds v. FedEx Office & Print Services, Inc.  
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 th...

Chauca v. Abraham  
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 (NYCHR...

United States v. Yuk  
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 pr...

Novelis Corp. v. National Labor Relations Board  
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...

Brown v. Halpin  
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 Gener...

Flores v. United States  
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 pe...

Triumph Construction Corp. v. Secretary of Labor  
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 h...

United States v. Gonzales  
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 acknowle...

New York State Department of Environmental Conservation v. FERC  
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 authori...

United States v. Smith  
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 offens...

Obeya v. Sessions  
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 l...

Outlaw v. City of Hartford
Date: March 8, 2018
Docket Number: 16-480
In re Orrin S. Anderson  
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 clai...

Wells Fargo Advisors, LLC v. Sappington  
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 p...

United States v. Haak  
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 totalit...

Penn v. New York Methodist Hospital  
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 Hospi...

Outlaw v. Allen  
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...

United States v. Dove  
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...

Principal National Life Insurance Co. v. Coassin  
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 d...

Bethpage Water District v. Northrop Grumman Corp.  
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 statut...

Friedman v. Bloomberg L.P.  
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...

Ace Partners, LLC v. Town of East Hartford  
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 witho...

Hernandez v. Sessions  
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 supp...

Fox News Network, LLC v. TVEyes, Inc.  
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 Fox'...

Kim v. Kimm  
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 de...

Zarda v. Altitude Express, Inc.  
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 motivate...

Wei Sun v. Sessions  
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....

New York State Rifle & Pistol Assoc. v. City of New York  
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 vi...

Charles Schwab Corp. v. Bank of America Corp.  
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 la...

United States v. Holcombe  
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 off...

North American Soccer League, LLC v. United States Soccer Federation, Inc.  
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 s...

United States v. Carosella  
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 dis...

John Wiley & Sons, Inc. v. DRK Photo  
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 non‐exclusive...

United States v. Ohle  
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 start...

Citizens United v. Schneiderman  
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 distr...

Federal Insurance Co. v. United States  
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,...

Linde v. Arab Bank, PLC  
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,...

SPV OSUS Ltd. v. UBS AG  
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 Securitie...

Hancock v. County of Rensselaer  
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. 10...

Halleck v. Manhattan Community Access Corp.  
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 a...

Soules v. Connecticut  
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 identi...

DS-Rendite v. Essar Capital Americas  
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 Action...

Knight v. State Univ. of N.Y. at Stony Brook  
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...

Klipsch Group, Inc. v. ePRO E-Commerce Ltd.  
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 proper...

United States v. Tigano  
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 defenda...

Beazley Insurance Co. v. Ace American Insurance Co.  
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 fil...

Citizens Insurance Co. v. Risen Foods, LLC  
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 sui...

Arkansas Teachers Retirement System v. Goldman Sachs Group, Inc.  
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 effort...

Hardaway v. Hartford Public Works Department  
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 file...

CSX Transp., Inc. v. Island Rail Terminal, Inc.  
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 distric...

United States v. Smathers  
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 re...

Latner v. Mt. Sinai Health System, Inc.
Date: January 9, 2018
Docket Number: 17-99
Hassell v. Fischer  
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 t...

Wandering Dago, Inc. v. Destito  
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 tr...

Latner v. Mt. Sinai Health System, Inc.  
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 co...