2020 Second Circuit US Court of Appeals Case Law

United States v. St. Hilaire  
Date: May 21, 2020
Docket Number: 19-640

Justia Opinion Summary: The Second Circuit affirmed defendant's sentence imposed after he pleaded guilty to possessing a firearm as a previously convicted felon. The district court applied a four-level sentencing enhancement for possessing a fi...

Rubenstein v. International Value Advisers, LLC  
Date: May 20, 2020
Docket Number: 19-560

Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's complaint under Section 16(b) of the Securities Exchange Act for failure to state a claim. In this case, plaintiff alleged that John Doe was a mem...

United States v. Parnell  
Date: May 19, 2020
Docket Number: 19-649

Justia Opinion Summary: The Second Circuit affirmed the district court's order of restitution, imposed after defendant pleaded guilty to four counts of wire fraud in 2018 for submitting false expense-reimbursement forms to the Department of Lab...

Benoit v. Saint-Gobain Performance Plastics Corp.  
Date: May 18, 2020
Docket Number: 17-3941

Justia Opinion Summary: This case arose from defendants' ownership in a manufacturing facility that used and disposed perfluorooctanoic acid (PFOA) which contaminated the water supply in the Village of Hoosick Falls, New York. On appeal, defend...

Baker v. Saint-Gobain Performance Plastics Corp.  
Date: May 18, 2020
Docket Number: 17-3942

Justia Opinion Summary: This case arose from defendants' ownership in a manufacturing facility that used and disposed perfluorooctanoic acid (PFOA) which contaminated the water supply in the Village of Hoosick Falls, New York. On appeal, defend...

R.M. Bacon, LLC v. Saint-Gobain Performance Plastics Corp.  
Date: May 18, 2020
Docket Number: 18-2018

Justia Opinion Summary: This case arose from defendants' ownership in a manufacturing facility that used and disposed perfluorooctanoic acid (PFOA) which contaminated the water supply in the Village of Hoosick Falls, New York. Plaintiff, a cons...

Doyle v. US Department of Homeland Security  
Date: May 18, 2020
Docket Number: 18-2814

Justia Opinion Summary: Plaintiffs sought a Freedom of Information Act (FOIA) request from the Secret Service seeking visitor logs for the White House Complex and President Trump's Mar-a-Lago home in Florida. After the Secret Service denied the...

Ventura de Paulino v. New York City Department of Education  
Date: May 18, 2020
Docket Numbers: 19-1662, 19-1813

Justia Opinion Summary: After plaintiffs, the parents of students with disabilities, chose to withdraw their children from one private school and to enroll them in a new private school, they challenged the adequacy of the students' individualiz...

Sullivan v. Nassau County Interim Finance Authority  
Date: May 13, 2020
Docket Number: 18-1587

Justia Opinion Summary: Unions representing Nassau County employees filed suit against NIFA after it instituted a year-long wage freeze for all county employees. The unions alleged that the wage freeze, because it was a legislative act that was...

Sohm v. Scholastic Inc.  
Date: May 12, 2020
Docket Number: 18-2110

Justia Opinion Summary: Plaintiff and Visions of America filed suit against Scholastic, alleging copyright infringement on 89 photographs plaintiff had authored. The district court determined that Scholastic had infringed six of the photographs...

Critcher v. L'Oreal USA, Inc.  
Date: May 11, 2020
Docket Number: 19-2474

Justia Opinion Summary: The Food Drug and Cosmetic Act's (FDCA) broad preemption clause, 21 U.S.C. 379s, bars plaintiffs from seeking to impose additional or different labeling requirements through their state-law claims, especially when Congre...

Rosner v. United States  
Date: May 8, 2020
Docket Number: 19-687

Justia Opinion Summary: The Second Circuit dismissed this interlocutory appeal for lack of jurisdiction. At issue is whether a party to a litigation may immediately appeal a non-final disclosure order adverse to his psychotherapist-patient priv...

United States v. Mladen  
Date: May 6, 2020
Docket Number: 18-0616

Justia Opinion Summary: After defendant died while his appeal was pending, counsel moved for abatement of all incidents of the prosecution, requesting that the appeal be dismissed without a decision on the merits, that defendant's conviction be...

In re Motors Liquidation Co. (Pillars)  
Date: May 6, 2020
Docket Number: 18-1954

Justia Opinion Summary: The Second Circuit affirmed the district court's decision vacating the bankruptcy court's determination concerning whether General Motors assumed liability, through a judicial admission, for claims like appellant's. Appe...

United States v. Richardson  
Date: May 5, 2020
Docket Number: 19-412

Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for distribution and possession with intent to distribute a controlled substance. The court held that the district court did not procedurally err by applying the career...

United States v. Haverkamp  
Date: May 4, 2020
Docket Number: 18-3735

Justia Opinion Summary: Defendant pleaded guilty to one count of distribution and receipt of child pornography and one count of possession of child pornography. The district court sentenced him to 121 months of imprisonment, followed by five ye...

United States v. Rosemond  
Date: May 1, 2020
Docket Number: 18-3561

Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for murder-for-hire, conspiracy to commit murder-for-hire, murder through use of a firearm, and possession of a firearm during a murder-for-hire conspiracy. Defendant ow...

Washington National Insurance Co. v. OBEX Group LLC  
Date: May 1, 2020
Docket Number: 19-225

Justia Opinion Summary: Washington National petitioned the district court under section 7 of the Federal Arbitration Act to enforce two arbitration summonses requiring two non-parties to the arbitration, respondents, to testify at a hearing and...

Sampedro v. Silver Point Capital, L.P.  
Date: May 1, 2020
Docket Number: 19-272

Justia Opinion Summary: The Second Circuit affirmed the district court's denial of respondents' motion to compel reciprocal discovery under 28 U.S.C. 1782. Respondents contend that they should have been awarded reciprocal discovery given their...

Saleh v. Sulka Trading Ltd.  
Date: April 30, 2020
Docket Number: 19-2461

Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's action seeking a declaratory judgment adjudicating the validity of defendants' trademark registrations relating to the "SULKA" mark. The court h...

Scarlett v. Barr  
Date: April 28, 2020
Docket Number: 16-940

Justia Opinion Summary: Petitioner challenged the denials of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The Second Circuit found no error in the BIA's rejection of petitioner'...

Utica Mutual Insurance Co. v. Fireman's Fund Inc.  
Date: April 28, 2020
Docket Number: 18-828

Justia Opinion Summary: The Second Circuit reversed the district court's award of $64 million to Utica. In this case, the jury found that the Fireman's Fund breached its obligations under reinsurance contracts issued to Utica.  The court agree...

United States v. Holloway  
Date: April 24, 2020
Docket Number: 19-1035

Justia Opinion Summary: Holloway sought reduction of his 168-month prison sentence and 10-year term of supervised release under Section 404 of the 2018 First Step Act, 132 Stat. 5194. The district court applied the framework of 18 U.S.C. 3582(c...

Vaughn v. Phoenix House New York, Inc.  
Date: April 22, 2020
Docket Number: 19-517

Justia Opinion Summary: Vaughn sued Phoenix House, a drug treatment facility, under 42 U.S.C. 1983, the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL), alleging that he was not paid for work he performed while a patient there...

United States v. Cotto  
Date: April 20, 2020
Docket Number: 18-2970

Justia Opinion Summary: A conviction for retaliating against a witness in violation of 18 U.S.C. 1513 does not require that the Government prove that defendant had knowledge of the federal nature of the proceeding. The Second Circuit rejected...

United States v. Rosa  
Date: April 17, 2020
Docket Number: 17-2004

Justia Opinion Summary: Where a district court offers no explanation for its sentence, and where neither the adopted presentence report nor the statement of reasons adequately demonstrates the court's reasoning, the court has committed plain er...

United States v. Bramer  
Date: April 16, 2020
Docket Number: 18-3782

Justia Opinion Summary: The Second Circuit reversed the district court's denial of defendant's Rule 29 motion for judgment of acquittal. On appeal, defendant argued that the government failed to prove that the protective order to which he was s...

United States v. Al Farekh  
Date: April 16, 2020
Docket Number: 18-943

Justia Opinion Summary: The Second Circuit affirmed defendant's convictions for using explosives, conspiring to murder U.S. nationals, conspiring to use a weapon of mass destruction, conspiring to bomb a U.S. government facility, and providing...

United States v. Nolan  
Date: April 15, 2020
Docket Number: 16-3423

Justia Opinion Summary: The Second Circuit reversed the district court's denial of defendant's 28 U.S.C. 2255 motion to vacate his conviction on the ground of ineffective assistance of counsel. The court held that defendant received ineffective...

Morgan v. Dzurenda  
Date: April 15, 2020
Docket Number: 18-2888

Justia Opinion Summary: Plaintiff appealed the district court's grant of summary judgment to defendants in a 42 U.S.C. 1983 action, alleging that plaintiff's Eighth Amendment rights were violated when he was violently assaulted by a fellow inma...

Wholean v. CSEA SEIU Local 2001  
Date: April 15, 2020
Docket Number: 19-1563

Justia Opinion Summary: A party who complied with directly controlling Supreme Court precedent in collecting fair-share fees cannot be held liable for monetary damages under 42 U.S.C. 1983. The Second Circuit affirmed the district court's dis...

Simmons v. Trans Express Inc.  
Date: April 13, 2020
Docket Number: 19-438

Justia Opinion Summary: The Second Circuit certified a question of New York law to the New York Court of Appeals: Under New York City Civil Court Act 1808, what issue preclusion, claim preclusion, and/or res judicata effects, if any, does a sma...

Janakievski v. Executive Director, Rochester Psychiatric Center  
Date: April 10, 2020
Docket Number: 18-3235

Justia Opinion Summary: The Second Circuit vacated the district court's dismissal of a petition for writ of habeas corpus. The district court dismissed the petition based on the grounds that it became moot when petitioner was conditionally rele...

Pettaway v. National Recovery Solutions, LLC  
Date: April 9, 2020
Docket Number: 19-1453

Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's Federal Debt Collection Practices Act (FDCPA) claim under Federal Rule of Civil Procedure 12(b)(6). The court agreed with plaintiff that her amend...

Brooklyn Center for Psychotherapy, Inc. v. Philadelphia Indemnity Insurance Co.  
Date: April 9, 2020
Docket Number: 19-2266

Justia Opinion Summary: The Second Circuit certified a question of insurance law to the New York Court of Appeals: Must a general liability insurance carrier defend an insured in an action alleging discrimination under a failure-to-accommodate...

United States v. Doka  
Date: April 8, 2020
Docket Number: 18-3311

Justia Opinion Summary: United States v. Haymond, 139 S. Ct. 2369 (2019), did not undermine, let alone overrule, the Second Circuit's precedent on the validity of 18 U.S.C. 3583(e)(3). Haymond held that judicial factfinding authorized by a diff...

United States v. Adams  
Date: April 7, 2020
Docket Number: 18-3650

Justia Opinion Summary: Defendant appealed his conviction and sentence for various tax offenses, including making and subscribing to a false tax return, tax evasion, and attempting to interfere with the administration of the internal revenue la...

Arkansas Teacher Retirement System v. Goldman Sachs Group, Inc.  
Date: April 7, 2020
Docket Number: 18-3667

Justia Opinion Summary: Shareholders of Goldman filed a class action alleging that Goldman and several of its executives committed securities fraud by misrepresenting Goldman's freedom from, or ability to combat, conflicts of interest in its bu...

Duran v. La Boom Disco, Inc.  
Date: April 7, 2020
Docket Number: 19-600

Justia Opinion Summary: Plaintiff filed suit alleging that LBD used Automatic Telephone Dialing Systems (ATDSs) in violation of the Telephone Consumer Protection Act of 1991 (TCPA). In this case, plaintiff received hundreds of unsolicited text...

Hayward v. IBI Armored Services, Inc.  
Date: April 3, 2020
Docket Number: 19-1863

Justia Opinion Summary: The Second Circuit vacated the district court's grant of defendant's motion for partial summary judgment and dismissal of plaintiffs' claims for overtime pay under the New York Labor Law's (NYLL) overtime-pay provision....

Bryan v. Credit Control, LLC  
Date: April 3, 2020
Docket Number: 19-244

Justia Opinion Summary: Plaintiff, individually and on behalf of a class, filed suit under the Fair Debt Collection Practices Act, alleging that Credit Control, in an effort to collect the outstanding debt on plaintiff's Kohl's private label cr...

Gonnella v. Securities and Exchange Commission  
Date: April 2, 2020
Docket Number: 16-3433

Justia Opinion Summary: The Second Circuit affirmed the SEC's finding that petitioner violated section 17(a)(1) of the Securities Act of 1933, section 10(b) of the Securities Exchange Act of 1934, and Exchange Act Rules 10b-5(a) and (c) promulg...

United States v. Mack  
Date: April 2, 2020
Docket Number: 16-3734

Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for conspiracy to commit witness tampering related to the death of one individual, conspiracy to commit tampering by planning to murder of another individual, and two co...

Trina Solar US, Inc. v. Jasmin Solar Pty Ltd.  
Date: April 2, 2020
Docket Number: 17-572

Justia Opinion Summary: Jasmin appealed the district court's grant of Trina's petition to confirm an arbitration award entered in its favor and denial of Jasmin and JRC's motion to vacate the award. The district court relied on an agency and di...

Scott v. Chipotle Mexican Grill, Inc.  
Date: April 1, 2020
Docket Number: 17-2208

Justia Opinion Summary: Class plaintiffs are seven named plaintiffs representing six putative classes under Federal Rule of Civil Procedure 23(b)(3). Plaintiffs also filed suit on behalf of themselves and 516 individuals who opted in to a condi...

Sonterra Capital Master Fund Ltd. v. UBS AG  
Date: April 1, 2020
Docket Number: 17-944

Justia Opinion Summary: The Second Circuit reversed the district court's dismissal of plaintiffs' Sherman Act, RICO Act, and common-law claims against defendants for lack of Article III standing. Plaintiffs are a group of investment funds and d...

United States v. Silver  
Date: April 1, 2020
Docket Number: 18-2380

Justia Opinion Summary: The Second Circuit denied defendant's motion to stay issuance of the judgment mandate pending his filing a petition for certiorari to the Supreme Court. Defendant was convicted of two counts each of honest services mail...

Natural Resources Defense Council v. EPA  
Date: April 1, 2020
Docket Number: 19-2896

Justia Opinion Summary: The Second Circuit reversed the district court's holding that the EPA properly invoked the deliberative process privilege and Exemption 5 of the Freedom of Information Act (FOIA) to withhold a portion of its OMEGA comput...

Manning v. Barr  
Date: March 31, 2020
Docket Number: 17-2182

Justia Opinion Summary: The Second Circuit granted a petition for review of the BIA's decision denying petitioner's application for deferral or removal under the Convention Against Torture. Petitioner contended that, if he was removed to Jamaic...

United States v. Scott  
Date: March 31, 2020
Docket Number: 18-163

Justia Opinion Summary: The Second Circuit affirmed the district court's vacatur of defendant's sentence under the Armed Career Criminal Act and the district court's decision to resentence defendant to time served. The court held that the dist...

Chen v. Dunkin' Brands, Inc.  
Date: March 31, 2020
Docket Number: 18-3087

Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiffs' second amended complaint alleging that Dunkin Donuts deceptively marketed two of its trademarked products -- the Angus Steak & Egg Breakfast Sandw...

1077 Madison Street, LLC v. March  
Date: March 30, 2020
Docket Number: 17-2903

Justia Opinion Summary: The Second Circuit affirmed the district court's multiple orders granting summary judgment in favor of plaintiff and holding Defendant March liable for interest at a default rate of 24 percent per annum dating back to Fe...

Nunez v. United States  
Date: March 30, 2020
Docket Number: 18-1803

Justia Opinion Summary: The Second Circuit affirmed the district court's denial of petitioner's 28 U.S.C. 2255 motion as untimely. The district court held that petitioner could not show that his motion was timely under section 2255(f)(3) becaus...

Coyle v. United States  
Date: March 30, 2020
Docket Number: 18-2929

Justia Opinion Summary: The Second Circuit affirmed the district court's grant of summary judgment in favor of the United States in a trip-and-fall case. Plaintiff tripped at a TSA checkpoint at JFK Airport when her suitcase's wheels locked up...

Persad v. Barr  
Date: March 24, 2020
Docket Number: 17-661

Justia Opinion Summary: Petitioner, a legal permanent resident, sought review of an agency order of removal based on a finding that he committed an "aggravated felony" within the meaning of 8 U.S.C. 1101(a)(43)(G). Under section 1101(a)(43)(G),...

L.S. v. Webloyalty, Inc.  
Date: March 20, 2020
Docket Number: 18-3639

Justia Opinion Summary: Plaintiff filed a putative class action under the Electronic Funds Transfer Act (EFTA), alleging that defendant failed to provide plaintiff with a copy of the written authorization he gave online for recurring monthly ch...

Citizens for Responsibility and Ethics in Washington v. Trump
Date: March 20, 2020
Docket Number: 18-474
Federal Defenders of New York, Inc. v. Federal Bureau of Prisons  
Date: March 20, 2020
Docket Number: 19-1778

Justia Opinion Summary: The Second Circuit vacated the district court's dismissal of plaintiff's complaint against the BOP and Warden Quay in an action alleging that defendants' curtailment of inmate-attorney visits at the MDC in early 2019 vio...

Bugliotti v. Republic of Argentina  
Date: March 17, 2020
Docket Number: 19-379

Justia Opinion Summary: Plaintiffs filed suit seeking to recover unpaid principal amounts of defaulted Argentine sovereign debt. Plaintiffs are subscribers to the Republic of Argentina's 1994 sovereign debt offering who enrolled their bonds in...

Green v. Town of East Haven  
Date: March 10, 2020
Docket Number: 18-0143

Justia Opinion Summary: The Second Circuit vacated the district court's summary judgment dismissal of plaintiff's action against the Town, alleging that she was terminated from her employment based on age discrimination, in violation of the Age...

Rasmy v. Marriott International, Inc.  
Date: March 6, 2020
Docket Number: 18-3260

Justia Opinion Summary: The Second Circuit vacated the district court's summary judgment dismissal of plaintiff's claims brought under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. 1981, alleging a discriminatory hostile work environm...

United States v. Almonte  
Date: March 5, 2020
Docket Number: 18-3769

Justia Opinion Summary: The Second Circuit affirmed defendant's conviction and sentence on five counts related to sex trafficiking. The court held that the fact that there has been no suggestion that defendant's false testimony warrants a sente...

Lynch v. City of New York  
Date: March 4, 2020
Docket Number: 18-1247

Justia Opinion Summary: Plaintiff appealed the district court's dismissal of claims brought under 42 U.S.C. 1983 principally for false arrest, malicious prosecution, abuse of process, violation of his rights to free speech and equal protection,...

Mirlis v. Greer  
Date: March 3, 2020
Docket Number: 17-4023

Justia Opinion Summary: In a case involving the sexual abuse of a minor by his religious leader, the Second Circuit reversed a post-trial ruling by the district court granting in part the request of Lawrence Dressler, a non‐party, for release o...

Tagger v. Strauss Group Ltd.  
Date: February 27, 2020
Docket Number: 18-3189

Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of the complaint based on lack of subject matter jurisdiction. Plaintiff filed suit against Strauss for various common law contract and tort claims, alleging tha...

Edwards v. McMillen Capital, LLC  
Date: February 26, 2020
Docket Number: 18-3170

Justia Opinion Summary: The Second Circuit held that plaintiff did not "lose" in state court such that his federal complaint was an appeal from an adverse state-court judgment, and thus the Rooker-Feldman doctrine did not apply. Plaintiff had...

New York v. United States Department of Justice  
Date: February 26, 2020
Docket Number: 19-267

Justia Opinion Summary: The Attorney General was statutorily authorized to impose all three challenged immigration-related conditions on Byrne Criminal Justice Assistance grant applications. The conditions require grant applicants to certify th...

Costabile v. New York City Health and Hospitals Corp.  
Date: February 25, 2020
Docket Number: 18-2816

Justia Opinion Summary: The Second Circuit affirmed the district court's grant of defendants' motion to dismiss an action alleging violations of the Rehabilitation Act of 1973 and related state and municipal laws. Plaintiff also filed suit unde...

United States v. Ojeda  
Date: February 24, 2020
Docket Number: 18-1770

Justia Opinion Summary: The Second Circuit affirmed defendant's sentence after he pleaded guilty to being a felon in possession of a firearm and obstructing justice. The court held that defendant's prior conviction for New York first degree rob...

Castillo v. G&M Realty L.P.
Date: February 21, 2020
Docket Number: 18-498
Castillo v. G&M Realty L.P.  
Date: February 20, 2020
Docket Number: 18-498

Justia Opinion Summary: The Second Circuit affirmed the district court's award of statutory damages to plaintiffs under the Visual Artists Rights Act of 1990. Defendants are developers who destroyed aerosol artwork that plaintiff painted on bui...

United States v. Nikolla  
Date: February 19, 2020
Docket Number: 17-2206

Justia Opinion Summary: Nikolla and two codefendants were charged in connection with the extortion of restaurant proprietors and other businesses in and around Astoria, Queens in 2012-2013. A third superseding indictment specifically charged th...

Lin v. Shanghai City Corp.  
Date: February 11, 2020
Docket Number: 18-3580

Justia Opinion Summary: The Second Circuit affirmed the district court's grant of summary judgment for defendants in a wage-and-hour practices and policies action under the Fair Labor Standards Act, the New York Labor Law, the New York Business...

Francis v. Kings Park Manor, Inc.
Date: February 10, 2020
Docket Number: 15-1823
United States v. Hightower  
Date: February 6, 2020
Docket Number: 18-2238

Justia Opinion Summary: The Second Circuit affirmed the district court's revocation of defendant's term of supervised release after finding by a preponderance of the evidence that he had violated the conditions of his supervised release by comm...

United States v. Tabb  
Date: February 6, 2020
Docket Number: 18-338

Justia Opinion Summary: Defendant's prior convictions for attempted assault in the second degree under N.Y. Penal Law 120.05(2) and federal narcotics conspiracy under 21 U.S.C. 846 constitute predicate offenses for purposes of the career offend...

United States v. Pilcher  
Date: February 6, 2020
Docket Number: 18-3444

Justia Opinion Summary: The denial of a motion to file a habeas petition under a pseudonym is immediately appealable under the collateral order doctrine. The Second Circuit affirmed the magistrate judge's denial of defendant's motion to file a...

Woolf v. Strada  
Date: February 6, 2020
Docket Number: 19-860

Justia Opinion Summary: Plaintiff appealed the district court's summary judgment award in favor of his former employer in an action alleging claims of discrimination and retaliation under the Americans with Disabilities Act (ADA), impairment an...

Lockhart v. MTA Long Island Railroad  
Date: February 4, 2020
Docket Number: 17-2725

Justia Opinion Summary: The Federal Rail Safety Act (FRSA) does not prevent employers from requesting reasonable documentation to assure themselves that employees' absences are legitimate. The Second Circuit affirmed the district court's grant...

United States v. DiMartino  
Date: February 4, 2020
Docket Number: 18-2053

Justia Opinion Summary: The Second Circuit affirmed defendant's 70-month sentence for tax offenses. The court held that the district court did not abuse its discretion by denying his post‐trial request for a competency hearing based chiefly on...

Fisher v. SD Protection Inc.  
Date: February 4, 2020
Docket Number: 18-2504

Justia Opinion Summary: When a district court concludes that a proposed settlement in a Fair Labor Standards Act case is unreasonable in whole or in part, it cannot simply rewrite the agreement, but it must instead reject the agreement or provi...

United States v. Smith  
Date: February 3, 2020
Docket Number: 17-3930

Justia Opinion Summary: A district court is not required to complete a written statement of reasons form for a sentence upon violation of supervised release because neither the Judicial Conference nor the Sentencing Commission has issued a form...

Friends of Animals v. Romero  
Date: February 3, 2020
Docket Number: 18-2481

Justia Opinion Summary: FOA filed suit against NPS, alleging that the agency violated the National Environmental Policy Act in approving the Whitetailed Deer Management Plan for the Fire Island National Seashore. The Second Circuit affirmed t...

CIT Bank N.A. v. Schiffman  
Date: January 28, 2020
Docket Number: 18-3287

Justia Opinion Summary: In a foreclosure action, the Second Circuit certified the following two questions to the New York Court of Appeals: (1) Where a foreclosure plaintiff seeks to establish compliance with RPAPL 1304 through proof of a stand...

Hernandez-Chacon v. Barr  
Date: January 23, 2020
Docket Number: 17-3903

Justia Opinion Summary: The Second Circuit granted a petition for review of the BIA's dismissal of petitioner's appeal from an IJ's denial of her application for asylum. Petitioner claimed that she was entitled to asylum because if she is retur...

United States v. Silver  
Date: January 21, 2020
Docket Number: 18-2380

Justia Opinion Summary: Defendant, the former Speaker of the New York State Assembly, was convicted of two counts each of honest services mail fraud, honest services wire fraud, and Hobbs Act extortion, and one count of money laundering. The...

United States v. Raymond McLaughlin
Date: January 21, 2020
Docket Number: 19-308
Quito v. Barr  
Date: January 15, 2020
Docket Number: 18-996

Justia Opinion Summary: The Second Circuit denied a petition for review of the BIA's decision affirming the IJ's denial of petitioner's motion to terminate removal proceedings, his applications for a waiver of inadmissibility and readjustment o...

Isett v. Aetna Life Insurance Co.  
Date: January 14, 2020
Docket Number: 18-3271

Justia Opinion Summary: The Second Circuit affirmed the district court's award of summary judgment in favor of Aetna, plaintiff's employer. The court held that, when interpreting the scope of a Fair Labor Standards Act (FLSA) exemption, courts...

Edwards v. Hartford  
Date: January 10, 2020
Docket Number: 17-3150

Justia Opinion Summary: Plaintiff filed suit against Officer May and the city, alleging excessive force, giving rise to a claim under 42 U.S.C. 1983, and various state law claims. A jury found in favor of plaintiff, awarding him compensatory an...

United States v. Anderson  
Date: January 9, 2020
Docket Number: 18-1839

Justia Opinion Summary: Defendant was sentenced to 120 months in prison for federal drug offenses and the district court recommended that his federal sentence run concurrently with a yet-to-be-imposed state sentence for a parole violation. Defe...

Sczepanski v. Saul  
Date: January 7, 2020
Docket Number: 19-185

Justia Opinion Summary: Plaintiff appealed the district court's decision affirming the denial of her application for supplemental security income. The Second Circuit vacated, holding that the ALJ erred in assuming that plaintiff's ability to co...

The National Retirement Fund v. Metz Culinary Management, Inc.  
Date: January 2, 2020
Docket Number: 17-1211

Justia Opinion Summary: Metz appealed the district court's judgment vacating an arbitration award that held that interest rate assumptions for purposes of withdrawal from a multiemployer pension plan liability are those in effect on the last da...