2019 Second Circuit US Court of Appeals Case Law
Date: December 30, 2019
Docket Number: 18-2345
Justia Opinion Summary: BBVA appealed the district court's judgment entered following the Second Circuit's mandate in Vera v. Banco Bilbao Vizcaya Argentaria, S.A., 729 Fed. App'x 106 (2d Cir. 2018). The judgment rendered final several of its…
Date: December 30, 2019
Docket Number: 18-2811
Justia Opinion Summary: The Second Circuit affirmed defendant's convictions for wire fraud, Title 18 securities fraud, conversion of U.S. property, and conspiracy, arising from the misappropriation of confidential information from the Centers…
Date: December 30, 2019
Docket Number: 19-308
Justia Opinion Summary: Personal jurisdiction exists whenever an individual, charged with a crime over which the Federal court has subject matter jurisdiction, is brought before that court. The Second Circuit affirmed defendant's conviction of…
Date: December 27, 2019
Docket Number: 18-1604
Justia Opinion Summary: The Government appealed the substantive reasonableness of defendant's sentence for conspiring to provide material support to ISIS and attempting to murder a federal agent in the name of ISIS. The Second Circuit held…
Date: December 23, 2019
Docket Number: 18-2141
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment sentencing defendant to two months in prison for attempting to export defense articles without a license in violation of the Arms Export Control Act of 1976. The…
Date: December 23, 2019
Docket Number: 18-487
Justia Opinion Summary: The Second Circuit vacated the district court's dismissal of plaintiffs' claims alleging that the terms of their employee retirement benefits plan violated the Employment Retirement Income Security Act (ERISA). In a…
Date: December 20, 2019
Docket Number: 17-4039
Justia Opinion Summary: Defendants Campo and Flores appealed their convictions and sentences for conspiracy to import five or more kilograms of cocaine into the United States. According to Campo, who from an early age was raised by Cilia…
Date: December 20, 2019
Docket Number: 18-0869
Justia Opinion Summary: Plaintiffs filed suit challenging four amendments to the Village of Pomona's zoning law as violations of federal and New York law. The district court dismissed Tartikov's complaint in part and later resolved certain…
Date: December 19, 2019
Docket Number: 13-3992
Justia Opinion Summary: Representatives of certain unsecured creditors of the Chapter 11 debtor Tribune Company appealed the district court's grant of a motion to dismiss their state law, constructive fraudulent conveyance claims brought…
Date: December 19, 2019
Docket Number: 17-1525
Justia Opinion Summary: There is no error in applying the career offender enhancement under USSG 4B1.1, to a defendant convicted of racketeering conspiracy based on underlying predicate acts of racketeering that qualify as crimes of violence…
Date: December 19, 2019
Docket Number: 17-2715
Justia Opinion Summary: Defendant filed a notice of appeal more than three years after he was sentenced for two counts of assault on a law enforcement officer. The Second Circuit held that United States v. Fuller, 332 F.3d 60, 65 (2d Cir.…
Date: December 19, 2019
Docket Number: 18-204
Justia Opinion Summary: The BIA must consider the principles of equitable tolling when an untimely appeal is filed and the petitioner raises the issue. The Second Circuit granted a petition for review of the BIA's decision refusing to accept…
Date: December 18, 2019
Docket Number: 15-2684
Justia Opinion Summary: The collection of the communications of United States persons incidental to the lawful surveillance of non-United States persons located abroad does not violate the Fourth Amendment and, to the extent that the…
Date: December 18, 2019
Docket Number: 18-3430
Justia Opinion Summary: The government petitioned for a writ of mandamus directing the district court to preclude defense counsel from arguing nullification and to exclude any evidence of sentencing consequences. In this case, respondent was…
Date: December 17, 2019
Docket Number: 18-128
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of defendant's motion to dismiss after the Court of Appeals answered the certified question. In light of the Court of Appeals' holding that section 230(11)(b) of the…
Date: December 16, 2019
Docket Number: 19-1131
Justia Opinion Summary: Conn. Genn. Stat. 4‐183(c) supplies an "explicit time limitation" of forty‐five days for appeals of final agency decisions under section 1415(i)(2)(B) of the Individuals with Disabilities Education Act (IDEA). The Second…
Date: December 13, 2019
Docket Number: 18-3236
Justia Opinion Summary: Atlantic sought a declaratory judgment that the insurance policy it had issued to Coastal was void ab initio or, in the alternative, that there was no coverage for the loss of the barge or damage to an adjacent pier.…
Date: December 12, 2019
Docket Number: 16-4213
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, alleging that Defendants Eric and Bryan VanBramer violated his constitutional rights by, inter alia, subjecting him to a visual body cavity search incident to arrest. The…
Date: December 12, 2019
Docket Number: 18-749
Justia Opinion Summary: Notwithstanding a district court's release order pursuant to the Bail Reform Act (BRA), the government has the authority under the Immigration and Nationality Act (INA) to detain a criminal defendant who is an alien in…
Date: December 10, 2019
Docket Number: 18-0284
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of defendants' motion to dismiss the complaint for failure to plead, with the requisite particularity, securities fraud under Section 10(b) of the Securities…
Date: December 9, 2019
Docket Number: 17-831
Justia Opinion Summary: Petitioner's prior Connecticut state convictions for first and second degree robbery categorically qualify as violent felonies under the force clause of the Armed Career Criminal Act (ACCA). The Second Circuit affirmed…
Date: December 6, 2019
Docket Number: 15-1823
Justia Opinion Summary: The Second Circuit held that a landlord may be liable under the Fair Housing Act (FHA) for intentionally discriminating against a tenant who complains about a racially hostile housing environment that is created by and…
Date: December 6, 2019
Docket Number: 17-3388
Justia Opinion Summary: After plaintiff filed suit against her employer for violation of the Fair Labor Standards Act's overtime provisions, the employer made an offer of judgment under Federal Rule of Civil Procedure 68(a) and plaintiff…
Date: December 6, 2019
Docket Number: 17-3449
Justia Opinion Summary: The Second Circuit reversed the district court's dismissal of an Eighth Amendment claim by a state prisoner that state corrections officers were deliberately indifferent to a substantial risk of harm, which resulted in…
Date: December 6, 2019
Docket Number: 18-979
Justia Opinion Summary: The Second Court clarified that, to establish a prima facie pay discrimination claim under Title VII, a plaintiff need not first establish an Equal Pay Act violation—that is, that she performed equal work but received…
Date: December 6, 2019
Docket Number: 19-236
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of defendant's motion to dismiss, based on lack of subject matter jurisdiction, plaintiffs' action stemming from a Qatari hacking scheme. The court agreed with the…
Date: December 6, 2019
Docket Number: 19-706
Justia Opinion Summary: It is proper only to consider a defendant's financial eligibility for new counsel under the Criminal Justice Act. The Second Circuit granted Defendant Nunez's motion for in forma pauperis (IFP) status and a motion to…
Date: December 3, 2019
Docket Number: 17-1956
Justia Opinion Summary: Defendants appealed their convictions for conspiracy to commit bank and wire fraud, and wire fraud, as well as postjudgment orders. The Second Circuit held that there was sufficient evidence supporting the jury…
Date: December 3, 2019
Docket Number: 17-3519
Justia Opinion Summary: The Second Circuit denied a petition for review of the BIA's decision affirming the IJ's determination that petitioner was removable and ineligible for cancellation of removal. The court held that petitioner's conviction…
Date: December 3, 2019
Docket Number: 19-1540
Justia Opinion Summary: On expedited interlocutory appeal, the Second Circuit affirmed in substantial part the district court's order denying President Trump's motion for a preliminary injunction preventing compliance with subpoenas seeking his…
Date: November 25, 2019
Docket Number: 18-3535
Justia Opinion Summary: The Second Circuit vacated the district court's grant of Navidea's motion to dismiss on grounds that Platinum-Montaur lacked Article III standing. The court held that the district court erred by failing to determine…
Date: November 22, 2019
Docket Number: 18-1267
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction and sentence for arson and possession of unregistered Molotov cocktails. The court held that defendant failed to demonstrate that the district court plainly erred in…
Date: November 21, 2019
Docket Number: 15-3728
Justia Opinion Summary: The Second Circuit denied the petition for sua sponte reopening of petitioner's removal proceedings pending the outcome of his U-visa application, because petitioner's U-visa application has been denied. However, the…
Date: November 21, 2019
Docket Number: 18-1086
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment compelling arbitration of grievances raised by airlines in a dispute with the collective bargaining representatives of their pilots. The court held that the…
Date: November 21, 2019
Docket Number: 18-1746
Justia Opinion Summary: The Second Circuit vacated the district court's judgment granting Wells Fargo's motion to dismiss. Relators alleged that the district court erred in concluding that fraudulent loan requests knowingly presented to one or…
Date: November 19, 2019
Docket Number: 17-1062
Justia Opinion Summary: Plaintiff appealed the district court's denial of his Federal Rule Civil of Procedure 60(b) motion to reconsider termination of the Milburn consent decree, which provided injunctive relief to inmates at Green Haven…
Date: November 19, 2019
Docket Number: 18-1940
Justia Opinion Summary: This case arose out of the 2009 bankruptcy of Old GM, which resulted in a sale under 11 U.S.C. 363 of the bulk of its assets to a new entity that has continued the business (the new General Motors). The New General…
Date: November 18, 2019
Docket Number: 17-2832
Justia Opinion Summary: After the Authority implemented a reduction in force (RIF), plaintiffs filed suit against the Authority and others under 42 U.S.C. 1983 and New York law, alleging that the termination of union-represented employees…
Date: November 18, 2019
Docket Number: 18-153
Justia Opinion Summary: Plaintiffs, a group of current and former retail sales employees of Sterling Jewelers, filed suit alleging that they were paid less than their male counterparts, on account of their gender, in violation of Title VII of…
Date: November 15, 2019
Docket Number: 17-2018
Justia Opinion Summary: Defendants Albarran and Vasquez pleaded guilty to charges of conspiracy to distribute heroin, and Albarran also pleaded guilty to possessing a firearm in furtherance of a drug trafficking crime. The Second Circuit…
Date: November 14, 2019
Docket Number: 17-2926
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for engaging in drug trafficking activity, and conspiring to do so, in violation of the Maritime Drug Law Enforcement Act. The court held that defendant waived his…
Date: November 13, 2019
Docket Number: 17-3337
Justia Opinion Summary: Defendant petitioned for rehearing in light of Rehaif v. United States, 139 S. Ct. 2191, 2194 (2019), which held that in prosecutions pursuant to 18 U.S.C. 922(g)(5)(A) and 924(a)(2), the government must prove that the…
Date: November 12, 2019
Docket Number: 18-1011
Justia Opinion Summary: Plaintiff filed a 42 U.S.C. 1983 action against four state defendants, alleging that they violated his Eighth and Fourteenth Amendment rights by holding him in state custody for four months after the expiration of his…
Date: November 8, 2019
Docket Number: 18-1124
Justia Opinion Summary: Petitioners challenged the SEC's denial of whistleblower awards following a $50 million settlement the SEC reached with Deutsche Bank AG. The Second Circuit denied the petitions for review, holding that it was not…
Date: November 7, 2019
Docket Number: 17-1993
Justia Opinion Summary: The State and City of New York filed suit charging UPS with violating the Contraband Cigarette Trafficking Act (CCTA), the Prevent All Cigarette Trafficking Act (PACT Act), and New York Public Health Law 1399-ll (PHL…
Date: November 7, 2019
Docket Number: 17-3198
Justia Opinion Summary: King Mountain appealed the district court's judgment granting partial summary judgment for the State on its claims that King Mountain violated state laws on cigarette sales, and enjoining future violations. The State…
Date: November 7, 2019
Docket Number: 18-858
Justia Opinion Summary: Defendant appealed the district court's denial of his challenge to an administrative forfeiture. In this opinion, the Second Circuit addressed and rejected defendant's argument that the Government failed to provide him…
Date: November 5, 2019
Docket Number: 17-3486
Justia Opinion Summary: Biocad, a private pharmaceutical company based in Russia, filed suit seeking damages and other relief for anticompetitive conduct by foreign entities in a foreign country that purportedly has delayed or prevented its…
Date: November 5, 2019
Docket Number: 18-729
Justia Opinion Summary: This appeal stemmed from the jury's award of damages against Ritz-Craft for violation of the Vermont Consumer Protection Act in selling and constructing a modular home that plaintiffs purchased for their retirement.…
Date: November 4, 2019
Docket Number: 17-3056
Justia Opinion Summary: The Second Circuit vacated defendant's conviction of traveling interstate for the purpose of engaging in illicit conduct with a minor in violation of 18 U.S.C. 2423(b). Defendant had pleaded guilty pursuant to a plea…
Date: November 4, 2019
Docket Number: 19-3204
Justia Opinion Summary: Presidential immunity does not bar the enforcement of a state grand jury subpoena directing a third party to produce non‐privileged material, even when the subject matter under investigation pertains to the…
Date: November 1, 2019
Docket Number: 17-514
Justia Opinion Summary: The Second Circuit denied a petition for review of the BIA's decision affirming the IJ's finding that petitioner was removable for an aggravated felony. The court held that petitioner's conviction for first‐degree…
Date: November 1, 2019
Docket Number: 18-1034
Justia Opinion Summary: Plaintiff appealed the district court's grant of Healthport's motion for summary judgment in an action involving claims of excessive charges for medical records under the New York Public Health Law. The Second Circuit…
Date: October 31, 2019
Docket Number: 18-3598
Justia Opinion Summary: The Second Circuit affirmed defendants' convictions for honest services fraud and honest services fraud conspiracy, conspiracy to violate the Travel Act, and conspiracy to commit money laundering. However, the court held…
Date: October 30, 2019
Docket Number: 18-2266
Justia Opinion Summary: The Second Circuit affirmed the district court's sua sponte dismissal of plaintiff's complaint, claiming that various individuals involved in his pending divorce and child custody proceedings, including his wife, their…
Date: October 30, 2019
Docket Number: 18-679
Justia Opinion Summary: The Second Circuit affirmed the district court's orders affirming the bankruptcy court's award of monetary sanctions pursuant to its inherent power. Appellant filed a Chapter 7 petition in bankruptcy court for his client…
Date: October 25, 2019
Docket Number: 18-1378
Justia Opinion Summary: Plaintiff filed suit against the City and an officer in his individual capacity, alleging claims of excessive force against the officer and state law claims against the City for assault and battery and negligence.…
Date: October 25, 2019
Docket Number: 18-1713
Justia Opinion Summary: Plaintiffs Atterbury and Hauschild filed suit alleging that they were improperly discharged as Court Security Officers (CSOs). The district court granted summary judgment in favor of the USMC. The Second Circuit held…
Date: October 22, 2019
Docket Number: 17-4121
Justia Opinion Summary: The Second Circuit affirmed defendant's sentence after he pleaded guilty to conspiring to distribute and possess with intent to distribute heroin. The court held that the district court did not clearly err by applying a…
Date: October 18, 2019
Docket Number: 16-1124
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of Argentina's motion to dismiss with prejudice under Federal Rule of Civil Procedure 12(b)(6) and denying as moot plaintiffs' motion for injunctive relief and…
Date: October 18, 2019
Docket Number: 17-4092
Justia Opinion Summary: Defendant appealed his conviction for crimes related to his involvement in a violent gang, drug trafficking operation. The Second Circuit held that the evidence was sufficient to support each count of conviction,…
Date: October 10, 2019
Docket Number: 16-3030
Justia Opinion Summary: The Second Circuit affirmed the district court's order setting aside a jury's verdict finding defendant guilty of narcotics conspiracy. The court held that, although it was unfortunate that the jury was not afforded an…
Date: October 10, 2019
Docket Number: 19-1540
Justia Opinion Summary: At issue are motions by several news organizations to intervene in a pending appeal and to unseal an unredacted letter filed by Deutsche Bank on August 27, 2019. Deutsche Bank filed the letter in an appeal from an order…
Date: October 7, 2019
Docket Number: 18-3226
Justia Opinion Summary: Petitioners filed two applications in the Southern District of New York under 28 U.S.C. 1782 seeking discovery from Santander and its New York‐based affiliate, SIS, concerning the financial status of BPE. Santander had…
Date: October 4, 2019
Docket Number: 18-2236
Justia Opinion Summary: A supervisee does not have the right to expand allocution by presenting mitigation witnesses at a revocation hearing. The Second Circuit affirmed defendant's sentence following a second revocation-of-supervised-release…
Date: October 3, 2019
Docket Number: 18-1002
Justia Opinion Summary: The Second Circuit reversed the district court's judgment for plaintiffs on their 42 U.S.C. 1983 false arrest claim. The longstanding exemption from municipal limitations on sidewalk vending for disabled veterans,…
Date: October 3, 2019
Docket Number: 18-3076
Justia Opinion Summary: The Second Circuit held that the government was entitled to a detention hearing under 18 U.S.C. 3142(f)(1)(A) or 3142(f)(1)(E) of the Bail Reform Act. The court rejected defendant's vagueness challenge to the residual…
Date: October 1, 2019
Docket Number: 18-1558
Justia Opinion Summary: This case arose from plaintiffs' action against NYU, alleging violations of the Employee Retirement Income Security Act (ERISA) in connection with two retirement plans sponsored by NYU (Sacerdote I). After the district…
Date: September 27, 2019
Docket Number: 17-2066
Justia Opinion Summary: The Times filed suit under the Freedom of Information Act (FOIA), seeking five DOJ memoranda and accompanying exhibits. The requested documents detail DOJ's legal reasoning and factual analysis in making the…
Date: September 24, 2019
Docket Number: 14-1018
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 and for withholding and deferral of removal under the Immigration and Nationality Act…
Date: September 24, 2019
Docket Number: 18-2385
Justia Opinion Summary: The Second Circuit vacated the district court's dismissal of plaintiff's complaint, alleging associational discrimination under the Americans with Disabilities Act (ADA). The court held that plaintiff has stated a claim…
Date: September 24, 2019
Docket Number: 19-576
Justia Opinion Summary: In this interlocutory appeal, defendants challenged the district court's denial of their motion to dismiss for lack of subject matter jurisdiction a complaint alleging that Connecticutʹs redistricting plan, which counts…
Date: September 20, 2019
Docket Number: 18-2007
Justia Opinion Summary: Shortly after defendant was convicted of conspiracy to commit wire fraud and securities fraud, the Second Circuit decided United States v. Litvak, 889 2 F.3d 56 (2d Cir. 2018) (Litvak II), which held in the context of a…
Date: September 19, 2019
Docket Number: 18-665
Justia Opinion Summary: Plaintiff filed suit against Citigroup, alleging gender discrimination and whistleblower retaliation claims under several local, state, and federal statutes, including the Dodd‐Frank and Sarbanes‐Oxley Acts. The Second…
Date: September 17, 2019
Docket Number: 17-2868
Justia Opinion Summary: The Second Circuit vacated the district court's denial of defendant's motion to stay and vacate a writ of execution on his retirement account. The court held that the district court's reasons for denying defendant's…
Date: September 17, 2019
Docket Number: 18-1103
Justia Opinion Summary: Plaintiff appealed the district court's dismissal of his claims alleging that he was wrongfully detained by local authorities pursuant to a federal immigration detainer. The Second Circuit held that the district court…
Date: September 16, 2019
Docket Number: 17-2307
Justia Opinion Summary: The Second Circuit vacated the district court's dismissal of Pfizer's claim against the United States for overpayment interest on its delayed tax refund. The court held that jurisdiction of Pfizer's claim for overpayment…
Date: September 13, 2019
Docket Number: 18-2321
Justia Opinion Summary: Plaintiffs appealed the district court's dismissal of their state tort claims against defendants, alleging intentional infliction of emotional distress, tortious interference with contract, and negligent supervision or…
Date: September 13, 2019
Docket Number: 18-474
Justia Opinion Summary: Owners and operators of businesses in the hospitality industry appealed the district court's dismissal based on lack of subject matter jurisdiction of their complaint, alleging that President Trump violated the Domestic…
Date: September 12, 2019
Docket Number: 17-2441
Justia Opinion Summary: The Second Circuit vacated the district court's dismissal of plaintiff's pro se 42 U.S.C. 1983 complaint under the three strikes provision of the Prison Litigation Reform Act (PLRA). The court held that the district…
Date: September 12, 2019
Docket Number: 18-1298
Justia Opinion Summary: After plaintiff was terminated from his position as a substitute teacher, he filed suit against defendants under 42 U.S.C. 1983, alleging in relevant part procedural due process and stigma‐plus claims related to the…
Date: September 12, 2019
Docket Number: 18-1503
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction of wire fraud and conspiracy to commit wire fraud in connection with a foreign currency exchange transaction with Cairn Energy. Defendant was the former global head of…
Date: September 12, 2019
Docket Number: 18-1578
Justia Opinion Summary: Debtors appealed the district court's decision affirming the bankruptcy court's order deeming nondischargeable a prior default judgment against debtors in favor of plaintiffs in the Eastern District Judgment. The lower…
Date: September 12, 2019
Docket Number: 18-2362
Justia Opinion Summary: Plaintiff appealed the district court's grant of Sallie Mae's motion to vacate an arbitration award based on the arbitrator's failure to apply a general release provision in a settlement agreement that barred all of…
Date: September 11, 2019
Docket Number: 17-960
Justia Opinion Summary: US Airways filed suit against Sabre, alleging violations of Sections 1 and 2 of the Sherman Antitrust Act, with respect to travel technology platforms provided by Sabre that are used in connection with the purchase and…
Date: September 10, 2019
Docket Number: 17-911
Justia Opinion Summary: Plaintiff filed suit against CCJ and several employees, alleging the denial of his right to free exercise of religion in violation of the First Amendment, deliberate indifference to his medical needs in violation of the…
Date: September 9, 2019
Docket Number: 17-1814
Justia Opinion Summary: Defendant appealed the district court's denial of the government's motion under Federal Rules of Criminal Procedure 35(b)(2)(B) to resentence defendant based on his substantial assistance in the prosecution of others.…
Date: September 9, 2019
Docket Number: 18-3467
Justia Opinion Summary: Plaintiffs appealed the district court's dismissal of their claims against Sequoia Fund, alleging that Sequoia Fund breached a contractual obligation not to concentrate its investments in a single industry. The Second…
Date: September 4, 2019
Docket Number: 18-1602
Justia Opinion Summary: Plaintiff, a registered sex offender, filed a 42 U.S.C. 1983 action alleging that visits by the county and Parents for Megan's Law (PFML) constituted unreasonable seizures in violation of the Fourth Amendment. The Second…
Date: September 3, 2019
Docket Number: 17-0472
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction of one count of possessing a firearm and ammunition after having been convicted of three serious drug offenses. The court held that the district court did not clearly…
Date: August 30, 2019
Docket Number: 14-2641
Justia Opinion Summary: Defendant appealed the district court's judgment entered after a jury trial, challenging his conviction for using firearms in the commission of violent crimes, causing death in one case. On remand from the Supreme…
Date: August 29, 2019
Docket Number: 17-1889
Justia Opinion Summary: Defendant appealed his conviction and sentence for attempting to provide material support to a foreign terrorist organization (count one) and obstruction of justice (count two). The Second Circuit affirmed defendant's…
Date: August 29, 2019
Docket Number: 17-2233
Justia Opinion Summary: The alleged misconduct tied to the trading of crude oil extracted from Europe's North Sea constitutes an impermissibly extraterritorial application of the Commodity Exchange Act. Plaintiffs, individuals and entities who…
Date: August 28, 2019
Docket Number: 17-1957
Justia Opinion Summary: When the existence of a license is not in question, a copyright holder must plausibly allege that the defendant exceeded particular terms of the license. The Second Circuit affirmed the district court's judgment in favor…
Date: August 27, 2019
Docket Number: 16-4230
Justia Opinion Summary: In three consolidated actions, plaintiffs challenged the district court's grant of summary judgment for defendants and dismissal of their complaints alleging violations of Section 1 of the Sherman Act through a…
Date: August 22, 2019
Docket Number: 17-3927
Justia Opinion Summary: Plaintiff filed suit against Philip Morris under the Connecticut Product Liability Act, alleging that the company's Marlboro and Marlboro Lights cigarettes were negligently designed and caused his wife's death. After a…
Date: August 21, 2019
Docket Number: 17-3595
Justia Opinion Summary: In this declaratory judgment action over the copyright ownership of six scores composed by Ennio Morricone, the assignee of Morricone's copyrights sought to terminate that assignment under the U.S. Copyright Act. The…
Date: August 20, 2019
Docket Number: 17-3434
Justia Opinion Summary: The Second Circuit reversed the district court's denial of a petition for writ of habeas corpus under 28 U.S.C. 2254. The court held that the trial court's exclusion of three defense witnesses violated petitioner's…
Date: August 20, 2019
Docket Number: 18-0857
Justia Opinion Summary: Plaintiffs filed suit under the Employee Retirement Income Security Act (ERISA), alleging that NMSC failed to make the required contributions from 2008 to 2015. The Second Circuit vacated the district court's final…
Date: August 19, 2019
Docket Number: 18-1019
Justia Opinion Summary: Defendant appealed the district court's imposition of a condition of supervised release that required him to perform 300 hours of community service a year over his term of supervision for a total of 695 hours.…
Date: August 19, 2019
Docket Number: 18-1375
Justia Opinion Summary: The Second Circuit vacated the district court's dismissal on summary judgment of plaintiff's claim that a hospital violated section 504 the Rehabilitation Act by failing to provide her with an ASL interpreter. At issue…
Date: August 19, 2019
Docket Number: 18-2441
Justia Opinion Summary: The Second Circuit affirmed the district court's award of summary judgment to defendants on plaintiff's state law claims of sex discrimination, retaliation, and hostile work environment. The court held that summary…
Date: August 16, 2019
Docket Number: 17-3919
Justia Opinion Summary: The Second Circuit held that a district court may apply a four-level sentencing enhancement under USSG 2K2.1(b)(6)(B) to a defendant who sells a firearm and drugs to a buyer in a single transaction, and to a buyer who…
Date: August 16, 2019
Docket Number: 18-1469
Justia Opinion Summary: Plaintiffs appealed the district court's dismissal of their state law claims for lack of subject matter jurisdiction and the district court's subsequent denial of a motion for reconsideration. Plaintiffs argued that, on…
Date: August 16, 2019
Docket Number: 18-434
Justia Opinion Summary: Dean v. United States, 137 S. Ct. 1170 (2017), has abrogated the Second Circuit's decision in United States v. Chavez, 549 F.3d 119 (2d Cir. 2008), and permits sentencing judges to consider the severity of mandatory…
Date: August 15, 2019
Docket Number: 18-3089
Justia Opinion Summary: Where a university takes an adverse employment action against an employee, in response to allegations of sexual misconduct, following a clearly irregular investigative or adjudicative process, amid criticism for reacting…
Date: August 14, 2019
Docket Number: 17-2823
Justia Opinion Summary: After plaintiff filed a 42 U.S.C. 1983 action against the City and individual police officers for alleged deprivations of his constitutional rights, defendants presented plaintiff with an offer judgment under Federal…
Date: August 14, 2019
Docket Number: 18-1820
Justia Opinion Summary: The parties dispute the district court's award of attorney's fees to plaintiff in an action successfully claiming a violation of the Religious Land Use and Institutionalized Persons Act. The Second Circuit affirmed and…
Date: August 14, 2019
Docket Number: 18-1865
Justia Opinion Summary: After DAI denied defendant's application to purchase an existing Subway franchise, defendant filed suit alleging that DAI discriminated against him on the basis of race. DAI then filed this action seeking to compel…
Date: August 12, 2019
Docket Number: 18-1556
Justia Opinion Summary: Defendants, athletics officials at Binghampton, appealed the district court's denial in part of their motion for summary judgment based on qualified immunity. The Second Circuit held that the district court erroneously…
Date: August 9, 2019
Docket Number: 17-1970
Justia Opinion Summary: The Second Circuit held that defendants violated plaintiff's constitutional rights and denied qualified immunity to defendants for the week of administratively imposed post‐release supervision (PRS) after plaintiff's…
Date: August 9, 2019
Docket Number: 17-3258
Justia Opinion Summary: The United States filed a civil action seeking forfeiture of property owned by the claimant. The jury ultimately found for the government and the district court entered judgment ordering forfeiture of the claimants'…
Date: August 9, 2019
Docket Number: 17-3278
Justia Opinion Summary: The Second Circuit held that the district court violated the mandate the court issued in a previous decision instructing it not to send the Foreign Sovereign Immunities Act (FSIA) claims to trial, and that the district…
Date: August 9, 2019
Docket Number: 17-3658
Justia Opinion Summary: At issue in this civil forfeiture appeal was whether the district court erred by exercising subject matter jurisdiction over a foreign state's property or abused its discretion by rejecting defendants'…
Date: August 9, 2019
Docket Number: 17-3682
Justia Opinion Summary: The Second Circuit held that Assa must turn over substantial real and financial property interests to hundreds of terrorism victims holding default judgments against the Islamic Republic of Iran. The court held that the…
Date: August 9, 2019
Docket Number: 18-1725
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction of paying and conspiring to pay bribes, in violation of 18 U.S.C. 371, 666, and the Foreign Corrupt Practices Act (FCPA), and gratuities to United Nations officials and…
Date: August 8, 2019
Docket Number: 17-2398
Justia Opinion Summary: This appeal stemmed from the parties' dispute over plaintiffs' "Velocity" trademark for clothing and activewear. The Second Circuit held that the district court did not err by determining that defendants' infringement…
Date: August 8, 2019
Docket Number: 18-2540
Justia Opinion Summary: Plaintiffs, victims or representatives of victims in terrorist attacks in Amman, Jordan, filed suit alleging that defendants aided and abetted the attackers, in violation of the Justice Against Sponsors of Terrorism Act…
Date: August 7, 2019
Docket Number: 17-675
Justia Opinion Summary: Where a collective bargaining agreement contains unambiguous language vesting welfare benefits, the agreement's general durational clause does not prevent those benefits from vesting. The Second Circuit held that the…
Date: August 7, 2019
Docket Number: 18-1120
Justia Opinion Summary: The Second Circuit certified the following questions to the New York State Court of Appeals: (1) whether New York law recognizes ʺcross‐jurisdictional class action tolling,ʺ i.e., tolling of a New York statute of…
Date: August 6, 2019
Docket Number: 17-3801
Justia Opinion Summary: The Second Circuit vacated the district court's dismissal of Sarah Palin's defamation complaint against The New York Times for failure to state a claim. The court held that the district court erred in relying on facts…
Date: August 5, 2019
Docket Number: 16-1055
Justia Opinion Summary: Defendants pleaded guilty to conspiracy to distribute cocaine, and to possess cocaine with intent to distribute, while on board a stateless vessel subject to the jurisdiction of the United States, in violation of the…
Date: August 5, 2019
Docket Number: 16-4061
Justia Opinion Summary: Intervenors, financial institutions that held junior notes issued by trust defendant Soloso, appealed the district court's grant of summary judgment in favor of plaintiff, the senior noteholder of Lansuppe. Intervenors…
Date: August 5, 2019
Docket Number: 17-2765
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for money laundering and conducting transactions in property criminally derived through bribery in the Republic of Guinea. The court held that McDonnell v. United…
Date: August 5, 2019
Docket Number: 17-3367
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of defendant's motion to suppress after he pleaded guilty to knowingly accessing child pornography. Defendant argued that the warrant that authorized the use of a…
Date: August 2, 2019
Docket Number: 18-2044
Justia Opinion Summary: After appellant successfully litigated her claim to supplemental social security income, she challenged the district court's denial of her application for attorney's fees under 42 U.S.C. 406(b). The Second Circuit…
Date: August 1, 2019
Docket Number: 15-2220
Justia Opinion Summary: The Second Circuit affirmed defendants' sentences of mandatory minimum terms of life imprisonment applicable to convictions for murder in aid of racketeering. Defendants argued that because they were between the ages of…
Date: August 1, 2019
Docket Number: 18-2404
Justia Opinion Summary: The parties dispute the ownership of copyrights in 44 articles written by the film critic Stanley Kauffmann, which first appeared in The New Republic magazine and now have been republished in an anthology. The Estate…
Date: August 1, 2019
Docket Number: 19-1018
Justia Opinion Summary: Defendant appealed the district court's March 28, 2019 order denying defendant's second bail application and directing that he be detained pending trial. The Second Circuit affirmed the district court's May 16, 2019…
Date: July 31, 2019
Docket Number: 18-397
Justia Opinion Summary: Plaintiffs, U.S. citizens of Hamas terrorist attacks in Israel, appealed the district court's dismissal of their federal civil antiterrorism and Israeli law claims against Facebook, alleging that Facebook unlawfully…
Date: July 30, 2019
Docket Number: 17-1699
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction of producing child pornography, and transporting and distributing child pornography. The court held that defendant's contention that the district court erred in ruling…
Date: July 26, 2019
Docket Number: 17-3691
Justia Opinion Summary: The Second Circuit affirmed defendants' convictions of multiple counts arising out of their roles in the operation of an illegal Bitcoin exchange and a scheme to use a federal credit union for illegal purposes. The…
Date: July 26, 2019
Docket Number: 18-3138
Justia Opinion Summary: Plaintiffs filed a purported class action against Xoom, alleging that the company breached a customer agreement by failing to set their electricity rates according to their actual or estimated supply costs. The district…
Date: July 25, 2019
Docket Number: 17-3538
Justia Opinion Summary: Plaintiffs filed suit against the State in 1991 on behalf of a statewide class of children with intellectual disabilities for failing to comply with the requirement in the Individuals with Disabilities Education Act…
Date: July 25, 2019
Docket Number: 18-2098
Justia Opinion Summary: The Second Circuit affirmed the district court's decision affirming the bankruptcy court's order requiring the law firm to remit $59,432 to the trustee of debtor's bankruptcy estate. The amount the law firm was ordered…
Date: July 25, 2019
Docket Number: 18-2991
Justia Opinion Summary: Plaintiff filed suit alleging claims for forced labor and human trafficking in violation of the Trafficking Victims Protection Act (TVPA) and the Alien Tort Statute (ATS), as well as a claim for unpaid overtime under…
Date: July 19, 2019
Docket Number: 18-866
Justia Opinion Summary: The Nnebe plaintiffs, taxi drivers, filed a 42 U.S.C. 1983 action alleging that their constitutional rights were violated when their licenses were suspended following their arrests and they were not given meaningful…
Date: July 19, 2019
Docket Number: 19-820
Justia Opinion Summary: Respondent appealed the district court's final order granting petitioner's petition under the Hague Convention on the Civil Aspects of International Child Abduction for the return of the parties' minor child. The Second…
Date: July 18, 2019
Docket Number: 18-2859
Justia Opinion Summary: Plaintiff filed suit against NYIT, alleging violations of the Americans with Disabilities Act (ADA), Title IX of the Education Amendments of 1972, and New York State Human Rights Law (NYSHRL). Plaintiff alleged that NYIT…
Date: July 16, 2019
Docket Number: 18-807
Justia Opinion Summary: The Second Circuit reversed the district court's denial of the City's motion for summary judgment in an action challenging the City's rules banning advertisements in for-hire vehicles (FHVs) absent authorization from the…
Date: July 9, 2019
Docket Number: 17-3481
Justia Opinion Summary: Tweed, seeking to expand its primary runway, filed suit to invalidate a Connecticut statute that had limited the runway's length. As a preliminary matter, the Second Circuit held that Tweed had Article III standing…
Date: July 9, 2019
Docket Number: 17-3497
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment, holding that when jurisdiction‐granting class‐action allegations are removed from a complaint, a district court is divested of Class Action Fairness Act (CAFA)…
Date: July 9, 2019
Docket Number: 17-3741
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for being a felon in possession of a firearm. The court held that the police did not violate defendant's Fourth Amendment rights by returning to search his car, because…
Date: July 9, 2019
Docket Number: 18-0575
Justia Opinion Summary: The Second Circuit affirmed the district court's decision declining to reconsider its original decision granting the Town's motion to dismiss the amended complaint alleging claims of, inter alia, breach of contract,…
Date: July 9, 2019
Docket Number: 18-1691
Justia Opinion Summary: President Trump engaged in unconstitutional viewpoint discrimination by utilizing Twitter's blocking function to limit certain users' access to his social media account, which is otherwise open to the public at large,…
Date: July 8, 2019
Docket Number: 16-3883
Justia Opinion Summary: The Second Circuit granted a petition for review of the BIA's denial of petitioner's application for asylum and related relief based on the IJ's finding that petitioner was not credible. The court held that the asserted…
Date: July 8, 2019
Docket Number: 17-2444
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction of securities fraud and wire fraud, finding no errors in the district court's jury instructions, admission of lay testimony, and calculation of loss. The court also…
Date: July 8, 2019
Docket Number: 18-1574
Justia Opinion Summary: The four-level sentencing enhancement under USSG 2G2.2(b)(4) may be applied based on images of sexual activity that would cause the depicted minor to experience mental, but not physical, pain. The Second Circuit affirmed…
Date: July 3, 2019
Docket Number: 17-3209
Justia Opinion Summary: The Second Circuit affirmed the district court's order granting in part and denying in part Pangea's motion for a writ of execution upon the proceeds from the sale of a property previously owned by a divorced couple.…
Date: July 3, 2019
Docket Number: 18-2868
Justia Opinion Summary: Intervenors appealed the district court's order denying their respective motions to unseal filings in a defamation suit. The Second Circuit vacated the district court's order and held that the district court failed to…
Date: July 2, 2019
Docket Number: 16-3478
Justia Opinion Summary: The plain language of the Immigration and Nationality Act unambiguously permits an applicant to raise multiple claims in her asylum application, even if the changed circumstance relates only to one proffered basis for…
Date: July 2, 2019
Docket Number: 18-651
Justia Opinion Summary: The Second Circuit reversed the district court's denial of Attending's motion to compel arbitration in an action under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The court held that the…
Date: July 2, 2019
Docket Number: 19-262
Justia Opinion Summary: The Second Circuit affirmed the district court's order committing defendant to the custody of the Attorney General under 18 U.S.C. 4241(d) for psychiatric treatment and evaluation. Defendant alleged that the district…
Date: June 28, 2019
Docket Number: 18-2451
Justia Opinion Summary: In an action alleging that her employer and union engaged in disability-based discrimination under New York state law, plaintiff appealed the district court's judgment denying her motion to remand to state court. The…
Date: June 27, 2019
Docket Number: 18-3548
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of an action alleging that Coca‐Cola violated several provisions of New York State law through misleading naming and marketing of its soft drink "Diet Coke." The…
Date: June 26, 2019
Docket Number: 18-634
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's complaint for failure to state a claim. Plaintiff sought recovery of a painting by Pablo Picasso that has been in the Metropolitan Museum of Art's…
Date: June 24, 2019
Docket Number: 16-2723
Justia Opinion Summary: The Second Circuit reversed the district court's grant of habeas relief to petitioner under 28 U.S.C. 2254 from a state murder conviction. The court held that there are no categorical limits on the types of evidence that…
Date: June 24, 2019
Docket Number: 18-125
Justia Opinion Summary: Employer petitioned for review of the Board's holdings that it engaged in unfair labor practices in violation of the National Labor Relations Act. The Second Circuit granted the petition to the extent it challenged the…
Date: June 18, 2019
Docket Number: 16-3145
Justia Opinion Summary: The Second Circuit denied a petition for review of the BIA's decision affirming the IJ's finding that petitioner was removable and denial of his applications for cancellation of removal and adjustment of status. The…
Date: June 14, 2019
Docket Number: 17-3248
Justia Opinion Summary: The Second Circuit held that the district court properly deferred to the decision of the New York State Review Officer (SRO), which concluded that student W.E. was not denied a free and appropriate public education…
Date: June 13, 2019
Docket Number: 17-3337
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for one count of unlawful possession of a firearm by an alien who is illegally unlawfully in the United States. The court held that the "in the United States" element of…
Date: June 13, 2019
Docket Number: 18-2731
Justia Opinion Summary: Plaintiffs filed suit alleging that defendants, while located in foreign nations, used the mail or wires to order fraudulent asset transfers from plaintiffs' New York bank accounts to defendants' own accounts. The…
Date: June 13, 2019
Docket Number: 18-737
Justia Opinion Summary: Plaintiffs, Asian-owned companies and an Asian construction worker, filed suit against the City and others, alleging that defendants discriminatorily enforced municipal building codes against plaintiffs on the basis of…
Date: June 12, 2019
Docket Number: 18-3184
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's second amended complaint (SAC) for failure to state a claim. The SAC alleged that Costco charged its customers sales tax on the full price of…
Date: June 11, 2019
Docket Number: 16-2082
Justia Opinion Summary: The insurer appealed from the district court's judgment in favor of the adjuster. At issue was whether the district court erred in overturning the jury verdict and granting judgment as a matter of law in favor of the…
Date: June 7, 2019
Docket Number: 17-2087
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for importing and possessing with intent to distribute methylone and anabolic steroids; conspiracy to do so; and operating a stash house. The court held that the…
Date: June 3, 2019
Docket Number: 15-3135
Justia Opinion Summary: After Congress enacted the Anti-Terrorism Clarification Act (ATCA), plaintiffs moved the DC Circuit to recall the mandate issued after the court's decision holding that the federal courts lacked personal jurisdiction…
Date: May 30, 2019
Docket Number: 17-3399
Justia Opinion Summary: Under Exemption 5 of the Freedom of Information Act (FOIA), an agency "adopts" a previously privileged document where the agency's statements or behavior indicate that the agency treats the document as binding authority,…
Date: May 30, 2019
Docket Number: 17-3550
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of Thomson Reuters' motion for summary judgment in an action alleging claims under the Federal Consumer Reporting Act (FCRA). Plaintiff filed suit after a background…
Date: May 30, 2019
Docket Number: 18-859
Justia Opinion Summary: Plaintiffs challenged the district court's dismissal of their complaint for failure to exhaust administrative remedies and, in the alternative, failure to state a claim. Although plaintiffs challenged the inclusion of…
Date: May 29, 2019
Docket Number: 17-3247
Justia Opinion Summary: The Second Circuit vacated the district court's decision affirming the Commissioner's denial of social security disability benefits. The court held that the ALJ failed to comply with the procedural mandates of the…
Date: May 24, 2019
Docket Number: 17-3506
Justia Opinion Summary: Plaintiffs, formerly civil immigration detainees treated for serious mental illnesses, filed a 42 U.S.C. 1983 action against the county and others, alleging that the failure to engage in discharge planning or to provide…
Date: May 23, 2019
Docket Number: 17-2539
Justia Opinion Summary: The government appealed the district court's grant of defendant's motion to vacate a portion of the jury's guilty verdict. Defendant was convicted of conspiracy to distribute 100 grams or more of heroin as well as…
Date: May 23, 2019
Docket Number: 17-2662
Justia Opinion Summary: The trust appealed the district court's grant of the law firm's request for a percentage fee awarded from the common settlement fund. The fee award was compensation for the law firm's representation of a class of…
Date: May 22, 2019
Docket Number: 18-1304
Justia Opinion Summary: Plaintiffs filed suit under New York tort law, alleging that defendants conspired with and aided and abetted the Sudanese regime in its commission of widespread atrocities. The Second Circuit reversed the district…
Date: May 13, 2019
Docket Number: 17-3494
Justia Opinion Summary: The Second Circuit denied a petition for review of the BIA's decision dismissing petitioner's appeal from the IJ's order of removal on the ground that petitioner had been convicted of an aggravated felony crime of…
Date: May 13, 2019
Docket Number: 18-1162
Justia Opinion Summary: A Fair Debt Collection Practices Act (FDCPA) violation "occurs," for the purposes of the FDCPA's one‐year statute of limitations, when an individual is injured by the alleged unlawful conduct. The Second Circuit affirmed…
Date: May 10, 2019
Docket Number: 18-175
Justia Opinion Summary: IQ filed suit against three large dental supply distributors, alleging that defendants violated federal and state antitrust laws, as well as common law tort claims. The Second Circuit affirmed the district court's…
Date: May 9, 2019
Docket Number: 17-3850
Justia Opinion Summary: The Second Circuit denied a petition for review of the BIA's order of removal based on petitioner's conviction for an aggravated felony. The court held that petitioner's conviction for conspiracy in the second degree to…
Date: May 8, 2019
Docket Number: 17-2245
Justia Opinion Summary: Defendant appealed the district court's order resentencing him to 180 months in prison after he pleaded guilty to being a felon in possession of a firearm and after the grant of his habeas petition on the ground that his…
Date: May 8, 2019
Docket Number: 17-2748
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's claims for breach of contract, copyright infringement, misappropriation, and unfair competition arising from its sale of equipment and software…
Date: May 8, 2019
Docket Number: 18-2392
Justia Opinion Summary: Plaintiff filed a whistleblower action under Section 806 of the Sarbanes-Oxley Act against CGI, alleging that he was unlawfully fired in retaliation for his complaints about and objections to an allegedly fraudulent…
Date: May 2, 2019
Docket Number: 16-867
Justia Opinion Summary: Petitioner, a native and citizen of Ghana, sought review of the BIA's decision affirming the IJ's order of removal based on petitioner's prior Connecticut conviction for third‐degree burglary, which the BIA determined…
Date: May 1, 2019
Docket Number: 17-3963
Justia Opinion Summary: The Second Circuit affirmed the district court's confirmation of an arbitration award under 9 U.S.C. 9 for petitioners and other individuals. This case involved a dispute between two groups of the Bobov Hasidic Jewish…
Date: April 30, 2019
Docket Number: 17-3277
Justia Opinion Summary: Plaintiffs filed a putative class action against AEO, alleging that unsolicited spam text messages they received were in violation of the Telephone Consumer Protection Act. After the parties agreed to settle, third party…
Date: April 26, 2019
Docket Number: 17-167
Justia Opinion Summary: The Second Circuit denied a petition for rehearing of its prior decision concluding that petitioner's prior convictions for robbery under Con. Gen. Stat. 53a‐133 qualified as predicates under the Force Clause of the…
Date: April 25, 2019
Docket Number: 17-3463
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of LBE's action alleging claims under the Sherman Act and the Racketeer Influenced and Corrupt Organizations Act (RICO). LBE alleged that Barbri and law schools…
Date: April 25, 2019
Docket Number: 18-1597
Justia Opinion Summary: Plaintiff, an alien subject to a final order of removal, together with several immigration‐policy advocacy organizations, appealed the district court's interlocutory order denying their motion for a preliminary…
Date: April 24, 2019
Docket Number: 16-2019
Justia Opinion Summary: Plaintiffs filed suit alleging violations of Vermont and federal law when the terms of their loan agreements provided for interest rates well in excess of caps imposed by Vermont law. Plaintiffs sought an injunction…
Date: April 24, 2019
Docket Number: 18-566
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction on five counts related to his participation in attacks on United States and coalition forces in Afghanistan while a member of al‐Qaeda. The court held that it was not…
Date: April 23, 2019
Docket Number: 15-3269
Justia Opinion Summary: The Second Circuit denied a petition for review of the BIA's decision affirming the IJ's finding that petitioner was removable and denying his application for asylum, withholding of removal, and relief under the…
Date: April 19, 2019
Docket Number: 14-2919
Justia Opinion Summary: The Coalition filed suit on behalf of its foster parent members, alleging that the State pays foster parents members inadequate rates to cover the costs of caring for their foster children, in violation of the Adoption…
Date: April 18, 2019
Docket Number: 17-2757
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of summary judgment to defendants in an action alleging violations of Section 504 of the Rehabilitation Act, as well as state and city law. Plaintiff claimed that he…
Date: April 17, 2019
Docket Number: 16-2825
Justia Opinion Summary: BWP appealed the district court's memorandum and order granting summary judgment to Polyvore on BWP's copyright claims for direct and secondary infringement and denial of BWP's cross-motion for summary judgment on direct…
Date: April 15, 2019
Docket Number: 17-2261
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's complaint with prejudice as a sanction for misrepresenting his litigation history. The court held that district courts may conduct limited…
Date: April 12, 2019
Docket Number: 18-100
Justia Opinion Summary: The Second Circuit vacated the district court's dismissal of plaintiff's complaint, based on forum non conveniens grounds, alleging claims for damages under federal and state law in connection with a ʺgoing private…
Date: April 11, 2019
Docket Number: 15-2525
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction and sentence for credit union robbery and using a firearm during a crime of violence. The court held that federal credit union robbery, in violation of 18 U.S.C.…
Date: April 10, 2019
Docket Number: 18-74
Justia Opinion Summary: Defendant appealed his sentence of 60 months in prison for cyberstalking and making hoax threats. The Second Circuit held that the district court erred in applying a two-level sentencing enhancement under USSG…
Date: April 9, 2019
Docket Number: 17-3326
Justia Opinion Summary: Defendants appealed the district court's order denying summary judgment based on qualified immunity in an action brought by plaintiff, alleging that defendants, police officers, violated the United States Constitution…
Date: April 8, 2019
Docket Number: 17-3371
Justia Opinion Summary: The Second Circuit vacated the district court's grant of summary judgment in favor of defendants in an action alleging claims of retaliation and hostile work environment discrimination in violation of the Age…
Date: April 4, 2019
Docket Number: 17-0621
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of a nonparty-movant's motion for a declaration that he was entitled to a share of the $25.6 million the United States received in a settlement against defendants…
Date: April 4, 2019
Docket Number: 17-1896
Justia Opinion Summary: The Second Circuit vacated defendant's 360 month sentence and five year term of supervised release for a single count of conspiring to distribute at least 200 grams of crack cocaine. Defendant pleaded guilty pursuant to…
Date: April 3, 2019
Docket Number: 18-1405
Justia Opinion Summary: The Second Circuit affirmed the district court's order denying GEICO and CCC's motions to compel appraisal in a suit brought by a GEICO policyholder. The court held that it had jurisdiction over this appeal because it…
Date: April 2, 2019
Docket Number: 17-3495
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiffs' amended complaint under Federal Rule of Civil Procedure 12(b)(6). This appeal arose from a multitude of lawsuits filed by Connecticut homeowners…
Date: April 2, 2019
Docket Number: 17-3900
Justia Opinion Summary: Petitioner challenged the tax court's denial of her petition seeking a refund of her overpayment of 2012 income taxes. Although the Commissioner did not dispute that petitioner was overpaid or the amount of overpayment,…
Date: April 1, 2019
Docket Number: 15-958
Justia Opinion Summary: The Second Circuit affirmed Defendant Lyle and Van Praagh's conviction for charges related to the distribution of methamphetamine. The court held that the evidence at trial was sufficient to support defendants'…
Date: April 1, 2019
Docket Number: 18-357
Justia Opinion Summary: Standing alone, a general disclaimer (still less a general merger clause) is not sufficient as a matter of law to preclude reasonable reliance on material factual misrepresentations, even by a sophisticated investor. FIH…
Date: March 27, 2019
Docket Number: 18-244
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiffs' amended complaint in part for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) and in part for failure to state…
Date: March 26, 2019
Docket Number: 17-2638
Justia Opinion Summary: In this multi-district litigation, plaintiffs brought a series of products liability actions against the makers of Eliquis for injuries they or their decedents suffered while taking the drug. In the multi-district…
Date: March 25, 2019
Docket Number: 17-4046
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment granting attorneys' fees and costs to defendants under section 505 of the Copyright Act and section 35(a) of the Lanham Act. These provisions authorized the…
Date: March 22, 2019
Docket Number: 17-881
Justia Opinion Summary: The Second Circuit affirmed the district court's order granting MetLife a preliminary injunction barring defendant from arbitrating his claims before the Financial Industry Regulatory Authority (FINRA). The court held…
Date: March 21, 2019
Docket Number: 16-2585
Justia Opinion Summary: The Second Circuit vacated defendants' convictions for marriage fraud and immigration fraud. The court held that the trial judge's ex parte meeting with the jurors and his instruction about assessing the credibility of a…
Date: March 20, 2019
Docket Number: 17-3564
Justia Opinion Summary: Plaintiff filed suit against the university and others, alleging in part that defendants violated his procedural due process rights under the Fourteenth Amendment when they placed him on involuntary leave and later…
Date: March 20, 2019
Docket Number: 17-4150
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's 42 U.S.C. 1983 complaint, alleging malicious prosecution based on defendants falsely charging him with violating a condition of his probation. The…
Date: March 19, 2019
Docket Number: 17-4067
Justia Opinion Summary: The Second Circuit affirmed the district court's order enjoining Reed Smith's action for tortious interference and unjust enrichment in New York state court against Wohl & Fruchter, in a dispute arising from the two…
Date: March 18, 2019
Docket Number: 18-496
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of defendants' motion to dismiss remaining criminal charges against them on Sixth Amendment speedy trial grounds. The court held that the delay was an…
Date: March 13, 2019
Docket Number: 18-128
Justia Opinion Summary: The Second Circuit certified the following question to the New York Court of Appeals: Does New York Public Health Law Section 230(11)(b) create a private right of action for bad faith and malicious reporting to the…
Date: March 12, 2019
Docket Number: 17-3502
Justia Opinion Summary: Calmare appealed the district court's judgment requiring it to pay $10,352,170.41 to GEOMC after a bench trial of a contract dispute concerning sales of medical devices. The Second Circuit affirmed the district court's…
Date: March 12, 2019
Docket Number: 18-1260
Justia Opinion Summary: A debt collection letter that informs the consumer of the total, present quantity of his or her debt satisfies 15 U.S.C. 1692g notwithstanding its failure to inform the consumer of the debt's constituent components or…
Date: March 7, 2019
Docket Number: 17-3911
Justia Opinion Summary: The mailbox rule is inapplicable to claims brought under the Federal Tort Claims Act (FTCA). The Second Circuit affirmed the district court's dismissal of plaintiff's amended complaint alleging tort claims under the FTCA…
Date: March 7, 2019
Docket Number: 18-188
Justia Opinion Summary: The town appealed the district court's grant of a permanent injunction barring it from enforcing an ordinance regulating hazardous substances and certain zoning bylaws against Vermont Railway in connection with the…
Date: March 6, 2019
Docket Number: 17-0936
Justia Opinion Summary: Plaintiff appealed the district court's dismissal of his complaint, alleging claims for hostile work environment, disparate treatment, failure to accommodate, and retaliation. Plaintiff suffered from Tourette's Syndrome…
Date: March 5, 2019
Docket Number: 11-5124
Justia Opinion Summary: The Second Circuit affirmed the district court's order requiring defendant to pay a civil penalty of almost $93 million in a civil suit brought by the SEC. Defendant was the managing general partner and portfolio manager…
Date: March 5, 2019
Docket Number: 16-4310
Justia Opinion Summary: The Second Circuit vacated defendant's sentence of mandatory life in prison and remanded for resentencing. The court held that defendant's prior conviction for sodomy in the second degree under New York law did not…
Date: March 5, 2019
Docket Number: 17-3484
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of a class action alleging violations of federal securities laws by Cigna and its officers. Plaintiffs alleged that certain of defendants' statements were…
Date: March 4, 2019
Docket Number: 15-1823
Justia Opinion Summary: A landlord may be liable under the Fair Housing Act of 1968 (FHA) for failing to take prompt action to address a racially hostile housing environment created by one tenant targeting another, where the landlord knew of…
Date: March 4, 2019
Docket Number: 18-14
Justia Opinion Summary: The Second Circuit denied a petition for review of the BIA's decision affirming the IJ's order of removal. The court held that petitioner's conviction for conspiracy to commit money laundering under 18 U.S.C. 1956(h) is…
Date: February 28, 2019
Docket Number: 17-3823
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's second amended complaint, alleging claims under the Commodities Exchange Act, the Racketeer Influenced and Corrupt Organizations Act, the Sherman…
Date: February 25, 2019
Docket Number: 16-1604
Justia Opinion Summary: The Second Circuit affirmed defendant's sentence imposed after he pleaded guilty to three counts of federal bank robbery. The court held that federal bank robbery by intimidation in violation of 18 U.S.C. 2113(a) was a…
Date: February 25, 2019
Docket Number: 17-2992
Justia Opinion Summary: The trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC alleged that Madoff Securities transferred property to foreign entities that subsequently transferred it to other foreign entities, including…
Date: February 22, 2019
Docket Number: 16-4053
Justia Opinion Summary: The Second Circuit reversed the district court's denial of a petition for habeas relief under 28 U.S.C. 2254. Although the court agreed with the district court that the state courts properly rejected petitioner's Brady…
Date: February 21, 2019
Docket Number: 17-3617
Justia Opinion Summary: Chunn was sleeping in the Amtrak waiting area in Pennsylvania Station when he was roused by Amtrak Police Officer Coleman. An altercation ensued and Chunn was arrested for disorderly conduct, trespassing, and resisting…
Date: February 21, 2019
Docket Number: 17-569
Justia Opinion Summary: Ceara, a state inmate who claims that he was assaulted by a prison corrections officer, filed a pro se complaint raising claims under 42 U.S.C. 1983, naming “John Doe” as the officer who allegedly assaulted him but also…
Date: February 20, 2019
Docket Number: 17-2003
Justia Opinion Summary: Total Wine challenged provisions of Connecticut’s Liquor Control Act and regulations as preempted by the Sherman Act, 15 U.S.C. 1. Connecticut’s “post and hold” provisions require state-licensed manufacturers,…
Date: February 20, 2019
Docket Number: 17-783
Justia Opinion Summary: NRP made preliminary arrangements with the City of Buffalo to build affordable housing on city‐owned land and to finance the project in part with public funds. The project never came to fruition, allegedly because NRP…
Date: February 20, 2019
Docket Number: 17-874
Justia Opinion Summary: Dhinsa is serving six life sentences for multiple convictions concerning his leadership role in a racketeering enterprise. Dhinsa’s habeas corpus petition challenged two convictions, on counts of murdering a potential…
Date: February 15, 2019
Docket Number: 16-3560
Justia Opinion Summary: The Second Circuit vacated the district court's denial of U.S. Bank's motion to retransfer the action to the United States District Court for the Southern District of Indiana, where it was instituted, and grant of…
Date: February 15, 2019
Docket Number: 17-2311
Justia Opinion Summary: Defendant appealed his sentence after he pleaded guilty to an information charging securities fraud, mail fraud, and obstruction and impeding the Internal Revenue Laws. Defendant, a former registered investment broker,…
Date: February 15, 2019
Docket Number: 17-2812
Justia Opinion Summary: The Second Circuit affirmed the district court's order granting defendants' motion for judgment on the pleadings and dismissing the complaint, which alleged constitutional and other deficiencies in the manner in which…
Date: February 15, 2019
Docket Number: 18-1559
Justia Opinion Summary: Plaintiff pro se appealed the district court's dismissal, under 28 U.S.C. 1915A, his amended complaint for failure to comply with Federal Rules of Civil Procedure 8 and 20. Plaintiff alleged 42 U.S.C. 1983 claims against…
Date: February 14, 2019
Docket Number: 17-1841
Justia Opinion Summary: In this redacted case, petitioner appealed the district court's judgment after filing a petition of error coram nobis seeking to vacate his earlier conviction. Petitioner argued that defense counsel was ineffective in…
Date: February 12, 2019
Docket Number: 17-3842
Justia Opinion Summary: Plaintiff filed a pro se action against Phillip Morris, alleging Connecticut state law liability claims on behalf of her late husband's estate. The district court dismissed some of plaintiff's claims based on its…
Date: February 11, 2019
Docket Number: 17-2390
Justia Opinion Summary: The Second Circuit reversed the district court's denial of a petition for habeas relief under 28 U.S.C. 2254. Petitioner was convicted of second degree murder. The court held that, notwithstanding a limiting instruction…
Date: February 8, 2019
Docket Number: 17-2348
Justia Opinion Summary: Defendant challenged the district court's revocation of his supervised release, principally arguing that the district court erred in denying his motion to suppress and admitting evidence of postarrest statements. The…
Date: February 6, 2019
Docket Number: 17-1290
Justia Opinion Summary: US Bank appealed the district court's dismissal of its second amended consolidated complaint as untimely. The Second Circuit affirmed and held that ACE Secs. Corp. v. DB Structured Prods., Inc., 25 N.Y.3d 581 (2015), and…
Date: February 5, 2019
Docket Number: 17-330
Justia Opinion Summary: Plaintiff filed suit against the Academy, alleging violations of the Fair Labor Standards Act (FLSA) and Articles 6 and 19 of the New York Labor Law (NYLL). The Second Circuit affirmed the district court's grant of…
Date: February 4, 2019
Docket Number: 17-1003
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment in an action against Direct Energy, alleging breach of contract, deceptive and unfair trade practices, and unjust enrichment. Plaintiff had entered into a…
Date: January 31, 2019
Docket Number: 17-445
Justia Opinion Summary: The Second Circuit reversed the district court's grant of a 28 U.S.C. 2255 petition to reduce defendant's sentence. The court held that the district court erred in concluding that defendant's prior convictions for the…
Date: January 29, 2019
Docket Number: 17-1859
Justia Opinion Summary: Plaintiff filed suit under New York state law and 42 U.S.C. 1983 against the City and others, alleging that each were responsible for constitutional infirmities that infected plaintiff's criminal trial, caused his…
Date: January 25, 2019
Docket Number: 17-1138
Justia Opinion Summary: Defendant appealed his conviction and sentence for possessing child pornography. The court held that the district court did not err in denying defendant's motion to suppress evidence where, even assuming the warrant was…
Date: January 23, 2019
Docket Number: 17-2591
Justia Opinion Summary: The Second Circuit reversed the district court's decision upholding the denial of plaintiff's application for disability insurance benefits. The court held that the Commissioner's decision was not supported by…
Date: January 14, 2019
Docket Number: 17-114
Justia Opinion Summary: In this action under the Employee Retirement Income Security Act (ERISA), the Second Circuit affirmed the district court's decision ordering Xerox and others to recalculate plaintiffs' retirement benefits as a matter of…
Date: January 11, 2019
Docket Number: 15-2707
Justia Opinion Summary: Petitioner appealed the district court's denial of his 28 U.S.C. 2255 motion to vacate his securities fraud convictions in light of United States v. Newman, 773F.3d438 (2dCir. 2014), in which the Second Circuit reversed…
Date: January 11, 2019
Docket Number: 16-3811
Justia Opinion Summary: The FTC filed suit alleging that defendants' debt collection practices violated several provisions of the Federal Trade Commission Act (FTCA) and the federal Fair Debt Collection Practices Act (FDCPA). The Second Circuit…
Date: January 11, 2019
Docket Number: 17-1224
Justia Opinion Summary: Defendant challenged two conditions of his 2017 supervised release: a ban on accessing the Internet without prior specific permission of the court and a total ban on viewing or possessing adult pornography. The Second…
Date: January 10, 2019
Docket Number: 17-2474
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of SquareTrade's motion to compel arbitration in a putative class action seeking to hold SquareTrade accountable for alleged violations of consumer protection laws.…
Date: January 10, 2019
Docket Number: 17-3355
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction of conspiracy to commit securities fraud and securities fraud. In this case, defendant was a tipper who did not directly trade on material, non‐public information but…
Date: January 9, 2019
Docket Number: 17-1949
Justia Opinion Summary: Plaintiffs brought an adversary proceeding in bankruptcy court, alleging that defendants wrongfully failed to pay debtor for produce held in trust for plaintiffs, in violation of the Perishable Agricultural Commodities…
Date: January 9, 2019
Docket Number: 17-3235
Justia Opinion Summary: Plaintiff filed suit alleging that two Monroe County Assistant District Attorneys (ADA), and others, violated his Fourth and Fourteenth Amendment rights by failing to timely arraign him on four of six identity fraud and…
Date: January 4, 2019
Docket Number: 17-167
Justia Opinion Summary: The Second Circuit vacated the district court's judgment granting petitioner's 28 U.S.C. 2255 motion to set aside his sentence imposed under the Armed Career Criminal Act (ACCA). The court held that any offense that…
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