2019 Second Circuit US Court of Appeals Case Law

Vera v. Banco Bilbao Vizcaya Argentaria, S.A.  
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 p...

United States v. Blaszczak  
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 f...

United States v. McLaughlin  
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...

United States v. Mumuni  
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 th...

United States v. Smith  
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...

Laurent v. PricewaterhouseCoopers LLP  
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 prio...

United States v. Flores  
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 Flores...

Congregation Rabbinical College of Tartikov, Inc. v. Village of Pomona  
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 clai...

In re: Tribune Company Fraudulent Conveyance Litigation  
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 agains...

United States v. Canteen  
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 un...

United States v. Wright  
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. 2003)...

Attipoe v. Barr  
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...

United States v. Hasbajrami  
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 government...

United States v. Manzano  
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 ch...

Haar v. Nationwide Mutual Fire Insurance Co.  
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...

United States v. Johnson
Date: December 16, 2019
Docket Number: 18-1503
P.M.B. v. Ridgefield Board of Education  
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...

Atlantic Specialty Insurance Co. v. Coastal Environmental Group Inc.  
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. Dis...

Sloley v. VanBramer  
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 distri...

United States v. Lett  
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 t...

United States v. Pugh
Date: December 10, 2019
Docket Number: 17-1889
Gamm v. Sanderson Farms, Inc.  
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 Exchang...

Estremera v. United States  
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 t...

Francis v. Kings Park Manor, Inc.  
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 l...

Mei Xing Yu v. Hasaki Restaurant, Inc.  
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 accept...

Lewis v. Swicki  
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 a...

Lenzi v. Systemax, Inc.  
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 un...

Broidy Capital Management LLC v. Benomar  
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 d...

United States v. Kosic (Nunez)  
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 wit...

United States v. Calderon  
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 convictio...

Acevedo v. Barr  
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...

Trump v. Deutsche Bank AG  
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...

Platinum-Montaur Life Sciences, LLC v. Navidea Biopharmaceuticals, Inc.  
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 whet...

United States v. Williams  
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 ins...

Rodriguez v. Barr  
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 c...

Atlas Air, Inc. v. International Brotherhood of Teamsters  
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 dis...

United States v. Wells Fargo  
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...

Irvin v. Harris  
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 Corre...

In re Motors Liquidation Co.  
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 Motor...

Donohue v. Milan  
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 viola...

Jock v. Sterling Jewelers Inc.  
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 t...

United States v. Albarran  
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 affi...

United States v. Van Der End  
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 Confr...

United States v. Balde  
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 d...

Francis v. Fiacco  
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 fe...

Kilgour v. SEC  
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 arbitr...

New York v. United Parcel Service, Inc.  
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 139...

New York v. Mountain Tobacco Co.  
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 cro...

United States v. Brome  
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 w...

Biocad JSC v. F. Hoffmann-La Roche Ltd.  
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 ent...

Brennan-Centrella v. Ritz-Craft Corporation of Pennsylvania  
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. Th...

United States v. Murphy  
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 agr...

Trump v. Vance  
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 President. P...

Wood v. Barr  
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 robber...

Ruzhinskaya v. HealthPort Technologies, LLC  
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...

United States v. Tanner  
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...

Deem v. DiMella-Deem  
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 m...

In re: Alba Sanchez  
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...

Cugini v. City of New York  
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. Plaint...

Atterbury v. United States Marshals Service  
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 th...

United States v. Moran  
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...

Attestor Value v. Republic of Argentina  
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 exped...

United States v. Arrington  
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, includi...

Palin v. The New York Times Co.
Date: October 15, 2019
Docket Number: 17-3801
United States v. Pierce  
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 o...

Trump v. Deutsche Bank AG  
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...

In re del Valle Ruiz  
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 a...

United States v. Degroate  
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 h...

Crescenzi v. City of New York  
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, codifi...

United States v. Watkins  
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 cl...

Sacerdote v. Cammack Larhette Advisors, LLC  
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 c...

The New York Times Co. v. United States Department of Justice  
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 determinatio...

United States v. McCourty
Date: September 27, 2019
Docket Number: 18-764
Singh v. Barr  
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...

Kelleher v. Fred A. Cook, Inc.  
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...

NAACP v. Merrill  
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...

United States v. Gramins  
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...

Daly v. Citigroup Inc.  
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...

United States v. Feldman  
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 moti...

Hernandez v. United States  
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...

Pfizer Inc. v. United States  
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...

Rich v. Fox News Network, LLC  
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 r...

Citizens for Responsibility and Ethics in Washington v. Trump  
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...

Escalera v. Samaritan Village  
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 cour...

Mudge v. Zugalla  
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 term...

United States v. Johnson  
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 t...

In re: Stuart Scott Snyder  
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 c...

Weiss v. Sallie Mae, Inc.  
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 plai...

Yan Yang v. Barr
Date: September 11, 2019
Docket Number: 16-3478
US Airways, Inc. v. Sabre Holdings Corp.  
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 s...

Brandon v. Kinter  
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...

United States v. Doe  
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. Th...

Edwards v. Sequoia Fund, Inc.  
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 Ci...

Connecticut Fine Wine and Spirits, LLC v. Seagull
Date: September 6, 2019
Docket Number: 17-2003
Jones v. County of Suffolk  
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...

United States v. Wallace  
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 er...

United States v. Barrett  
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 Cour...

United States v. Pugh  
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 co...

Prime International Trading Ltd. v. BP PLC  
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...

Yamashita v. Scholastic Inc.  
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...

Eastman Kodak, Co. v. Henry Bath LLC  
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 conspirac...

Bifolck v. Philip Morris USA Inc.  
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 j...

Ennio Morricone Music, Inc. v. Bixio Music Group  
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 dis...

Scrimo v. Lee  
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 const...

32BJ North Pension Fund v. Nutrition Management Services, Co.  
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 judgm...

United States v. Parkins  
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. Defendant'...

Biondo v. Kaleida Health  
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 w...

Bentley v. AutoZoners, LLC  
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 judgm...

New York State Citizens' Coal. for Children v. Poole
Date: August 16, 2019
Docket Number: 14-2919
United States v. Ryan  
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 th...

Van Buskirk v. The United Group of Companies, Inc.  
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...

United States v. Brown  
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 cons...

Menaker v. Hofstra University  
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...

Lilly v. City of New York  
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 Rul...

Chabad Lubavitch of Litchfield County, Inc. v. Litchfield Historic District Commission  
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 h...

Doctor's Associates, Inc. v. Alemayehu  
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 defen...

Naumovski v. Norris  
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 c...

Reyes v. Fischer  
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 det...

In re 650 Fifth Avenue & Related Properties  
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' prop...

Havlish v. 650 Fifth Avenue Co.  
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 c...

United States v. Eldred
Date: August 9, 2019
Docket Number: 17-3367
United States v. Assa Co. Ltd.  
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' statute‐of‐limitat...

Kirschenbaum v. Assa Corp.  
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...

United States v. Ng Lap Seng  
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...

4 Pillar Dynasty LLC v. New York & Co., Inc.  
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 wa...

Siegel v. HSBC North America Holdings, Inc.  
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...

Kelly v. Honeywell International, Inc.  
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 eff...

Chavez v. Occidental Chemical Corp.  
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 limitat...

Palin v. The New York Times Co.  
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 ou...

United States v. Prado  
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 Mar...

Oxford University Bank v. Lansuppe Feeder, Inc.  
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 a...

United States v. Thiam  
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 States...

United States v. Eldred  
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 g...

Sinkler v. Berryhill  
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 affi...

United States v. Sierra  
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...

The Estate of Stanley Kauffmann v. Rochester Institute of Technology  
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 app...

United States v. Boustani  
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 orde...

Force v. Facebook, Inc.  
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 assi...

United States v. DiTomasso  
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 t...

Connecticut Fine Wine and Spirits LLC v. Seagull
Date: July 29, 2019
Docket Number: 17-2003
United States v. Lebedev  
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 cou...

Mirkin v. XOOM Energy, LLC  
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...

P.J. v. Connecticut State Board of Education  
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 (IDE...

In re: Alice Phillips Belmonte  
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 t...

Adia v. Grandeur Management, Inc.  
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 Art...

Nnebe v. Daus  
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 post...

Saada v. Golan  
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...

Purcell v. N.Y. Institute of Technology - College of Osteopathic Medicine  
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...

Vugo, Inc. v. City of New York  
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...

Tweed-New Haven Airport Authority v. Tong  
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 becau...

Gale v. Chicago Title Insurance Co.  
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) j...

United States v. Williams  
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...

PHL Variable Insurance Co. v. Town of Oyster Bay  
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, inno...

Knight First Amendment Institute at Columbia University v. Trump  
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, be...

Gurung v. Barr  
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...

United States v. Afriyie  
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 hel...

United States v. Bleau  
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...

Pangea Capital Management, LLC v. Lakian  
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. Pan...

Brown v. Maxwell  
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 co...

Yan Yang v. Barr  
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 as...

Abdullayeva v. Attending Homecare Services, LLC  
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 arbitrat...

United States v. Brennan  
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 cou...

Whitehurst v. United Healthcare Workers East  
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 S...

Geffner v. The Coca-Cola Co.  
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...

Zuckerman v. The Metropolitan Museum of Art  
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...

Hyman v. Brown  
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...

Bozzuto's Inc. v. NLRB  
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 B...

Matthews v. Barr  
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 cour...

W.A.v. Hendrick Hudson Central School District  
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 (FAPE...

United States v. Balde  
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...

Bascuñán v. Elsaca  
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 distri...

Hu v. City of New York  
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 r...

Guterman v. Costco Wholesale Corp.  
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 item...

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

United States v. O'Brien  
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 distric...

Sokolow v. Palestine Liberation Organization  
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 ove...

American Civil Liberties Union v. National Security Agency  
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,...

Kidd v. Thomson Reuters Corp.  
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...

Washington v. Barr  
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 ma...

Estrella v. Berryhill  
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 treati...

Charles v. Orange County  
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...

United States v. Pauling  
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 severa...

Fresno County Employees' Retirement Assoc. v. Isaacson/Weaver Family Trust  
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 plainti...

Kashef v. BNP Paribas S.A.  
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 court'...

Thompson v. Barr  
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 violen...

Benzemann v. Houslanger & Associates, PLLC  
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...

IQ Dental Supply, Inc. v. Henry Schein, Inc.  
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 dismis...

Santana-Felix v. Barr  
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...

United States v. Evans  
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...

Universal Instruments Corp. v. Micro Systems Engineering, Inc.  
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 fo...

Ashmore v. CGI Group  
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 sche...

Genego v. Barr  
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 wa...

Landau v. Rheinold  
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 co...

Melito v. Experian Marketing Solutions, Inc.  
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...

Shabazz v. United States  
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 Arm...

LLM Bar Exam, LLC v. Barbri, Inc.  
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...

Ragbir v. Homan  
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 injunctio...

Gingras v. Think Finance, Inc.  
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 agai...

United States v. Hausa  
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 er...

Gomez v. Barr  
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 Conventi...

New York State Citizens' Coalition for Children v. Poole  
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 A...

Natofsky v. City of New York  
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...

BWP Media USA Inc. v. Polyvore, Inc.  
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...

Shepherd v. Commissioner Annucci  
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 inquiri...

Fasano v. Li  
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 merge...

United States v. Hendricks  
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. 2113(a)...

United States v. Thompson  
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 2A6.2(b)(1...

Mara v. Rilling  
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 an...

Francis v. Kings Park Manor, Inc.
Date: April 8, 2019
Docket Number: 15-1823
Davis-Garett v. Urban Outfitters, Inc.  
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 Discriminat...

United States v. L-3 Communications EOTech, Inc.  
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 u...

United States v. Walker  
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...

Milligan v. CCC Info Services  
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 ha...

Valls v. Allstate Insurance Co.  
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 w...

Borenstein v. Commissioner  
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,...

United States v. Lyle  
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' convictio...

FIH, LLC v. Foundation Capital Partners, LLC  
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...

Eliahu v. Jewish Agency for Israel  
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...

Gibbons v. Bristol-Myers Squibb Co.  
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 litiga...

Manhattan Review, LLC v. Yun  
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 distr...

Metropolitan Life Insurance Co. v. Bucsek  
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 th...

United States v. Mehta  
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...

Tooly v. Schwaller  
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 termi...

Dettelis v. Sharbaugh  
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...

Kaplan v. Reed Smith LLP  
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 firm...

United States v. Black  
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 unconstitution...

Haar v. Nationwide Mutual Fire Insurance Co.  
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 Offic...

GEOMC Co., Ltd. v. Calmare Therapeutics Inc.  
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 r...

Kolbasyuk v. Capital Management Services, LP  
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 th...

Cooke v. United States  
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...

Vermont Railway, Inc. v. Town of Shelburne  
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 railw...

Fox v. Costco Wholesale Corp.  
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...

SEC v. Rajaratnam  
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...

United States v. Kroll  
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 quali...

Singh v. Cigna Corp.  
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 materi...

Francis v. Kings Park Manor, Inc.  
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 th...

Barikyan v. Barr  
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...

Levy v. BASF Metals, Ltd.  
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...

United States v. Moore  
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 c...

In re: Picard  
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...

Fernandez v. Capra  
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 c...

Chunn v. Amtrak  
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...

Ceara v. Deacon  
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...

Connecticut Fine Wine and Spirits LLC v. Seagull  
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, wholesaler...

NRP Holdings LLC v. City of Buffalo  
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 re...

Dhinsa v. Krueger  
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 wi...

U.S. Bank National Ass'n v. Bank of America N.A.  
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 judgme...

United States v. Valente  
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, p...

Disability Rights New York v. New York  
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 gu...

Harnage v. Lightner  
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...

Tanvir v. Tanzin
Date: February 14, 2019
Docket Number: 16-1176
Doe v. United States  
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 af...

Pappas v. Philip Morris, Inc.  
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 determi...

Orlando v. Nassau County District Attorney's Office  
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...

United States v. Ojudun  
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 Sec...

Lehman XS Trust v. Greenpoint Mortgage Funding, Inc.  
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...

Velarde v. GW GJ, Inc.  
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 judgm...

Richards v. Direct Energy Servs., LLC  
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 consume...

United States v. Thrower  
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 Ne...

Bellamy v. City of New York  
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 wrongf...

United States v. Boles  
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...

Lockwood v. Commissioner  
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 substantia...

Frommert v. Conkright  
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...

Gupta v. United States  
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...

Federal Trade Commission v. Federal Check Processing, Inc.  
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...

United States v. Eaglin  
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 Ci...

Starke v. SquareTrade, Inc.  
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....

United States v. Klein (Schulman)  
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 ra...

The PACA Trust Creditors v. Genecco Produce Inc.  
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 A...

Ogunkoya v. Drake  
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...

Shabazz v. United States  
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 sati...