2018 Second Circuit US Court of Appeals Case Law

U.S. v. Carosella
Date: February 22, 2018
Docket Number: 17-896
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...