2018 Second Circuit US Court of Appeals Case Law

D'Addario v. D'Addario  
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 fraudulen...

Wilk Auslander LLP v. Murray  
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 cou...

Jaen v. Sessions  
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 b...

Trusted Media Brands, Inc. v. United States  
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 fore...

United States ex rel. Wood v. Allergan, Inc.  
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 viola...

United States v. Alston  
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 fu...

Doe v. JPMorgan Chase Bank, N.A.  
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 C...

United States v. Baker  
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 cou...

Lopez Catzin v. Thank You & Good Luck Corp.  
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 da...

Anderson News, LLC v. American Media, Inc.  
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...

United States v. Sampson  
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 emb...

United States v. Sampson  
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 u...

McDonough v. Smith  
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...

Marcel Fashions Group, Inc. v. Lucky Brand Dungarees, Inc.  
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 in...

National Credit Union Administration Board v. US Bank National Association  
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...

United States v. Green  
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 permitte...

United States v. Iverson  
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 Fo...

Corren v. Donovan  
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...

Rayner v. E*TRADE Financial Corp.  
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...

Excelled Sheepskin & Leather Coat Corp. v. Oregon Brewing  
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 ju...

Vangorden v. Second Round, LP  
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 fac...

United States v. Zukerman  
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,...

Berg v. N.Y.C. Police Commissoner  
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...

United States v. Lambus  
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...

Zuniga-Perez v. Sessions  
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...

Langan v. Johnson & Johnson Consumer Cos.  
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 wel...

Cooling Water Intake Structure Coal. v. EPA  
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 a...

United States v. Townsend  
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...

Cohen v. Rosicki, Rosicki & Assocs., P.C.  
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 att...

Hylton v. Sessions  
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 ag...

United States v. Smith  
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...

Huebner v. Midland Credit Management  
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 co...

Greene v. City of New York
Date: July 19, 2018
Docket Number: 17-1920
United States of America v. Sanchez
Date: July 19, 2018
Docket Number: 17-2358
Antic v. City of New York
Date: July 19, 2018
Docket Number: 17-2670
Leopard Marine & Trading, Ltd. v. Easy Street Ltd.
Date: July 17, 2018
Docket Number: 16-1356
Leopard Marine & Trading, Ltd. v. Easy Street Ltd.  
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...

United States v. Thompson  
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...

Massey v. United States  
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 announc...

Williams v. Annucci  
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...

Petersen Energia Inversora, SAU v. Argentine Republic  
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 f...

Allen v. Credit Suisse Securities (USA) LLC  
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 c...

United States v. Jimenez  
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...

Kiobel v. Cravath, Swain & Moore, LLP  
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...

Conte v. Emmons  
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 pl...

United States v. Hernandez  
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...

ING Bank N.V. v. M/V Maritime King  
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 (C...

American Civil Liberties Union v. Department of Justice  
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 lea...

United States v. Gasperini  
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 defendant'...

King v. Time Warner Cable Inc.  
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,...

Natural Resources Defense Council v. National Highway Traffic Safety Admin.  
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 fo...

United States v. Martoma
Date: June 25, 2018
Docket Number: 14-3599
Tanvir v. Tanzin
Date: June 25, 2018
Docket Number: 16-1176
United States v. Olmeda  
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. La...

Villanueva v. United States  
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, Co...

Copeland v. Vance  
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 cl...

Simon v. City of New York  
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, McKinnie...

United States v. Sawyer  
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 su...

United States v. Jones  
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, posse...

Giunta v. Dingman  
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 "d...

ING Bank N.V. v. M/V TEMARA  
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...

Edrei v. Bratton  
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 us...

United States v. Daugerdas  
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. Dauger...

Seepersad v. Sessions  
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 border...

AEI Life, LLC v. Lincoln Benefit Life Co.  
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 mo...

Certain Underwriting Members of Lloyds of London v. Insurance Company of the Americas  
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 ea...

In re: World Trade Center Lower Manhattan Disaster Site Litigation  
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 cour...

Wilson v. Dynatone Publishing Co.  
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...

United States v. Castillo  
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 "residu...

Du Purton v. United States  
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,...

United States v. Brooks  
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 d...

United States v. Rose  
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 denia...

Gao v. Sessions  
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 who...

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...