2020 Second Circuit US Court of Appeals Case Law
Date: December 29, 2020
Docket Number: 19-761
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for conspiracy to violate the Foreign Corrupt Practices Act (FCPA), conspiracy to commit money laundering, substantive money laundering, and violations of the FCPA.…
Date: December 28, 2020
Docket Number: 19-3712
Justia Opinion Summary: After plaintiff was sexually abused by three correctional officers during her incarceration at a correctional facility, she filed suit against eight prison supervisory officials alleging, inter alia, that they violated…
Date: December 28, 2020
Docket Number: 19-811
Justia Opinion Summary: The Second Circuit vacated the district court's grant of summary judgment for the Department on Stagg's challenge to the constitutionality of a speech licensing requirement imposed by the International Traffic in Arms…
Date: December 28, 2020
Docket Number: 20-3572
Justia Opinion Summary: On October 06, 2020, Governor Andrew Cuomo issued an executive order directing the New York State Department of Health to identify yellow, orange, and red "zones" based on the severity of COVID-19 outbreaks and imposing…
Date: December 23, 2020
Docket Number: 19-3438
Justia Opinion Summary: Everytown sought disclosure pursuant to the Freedom of Information Act (FOIA) of certain data stored in the FTS database maintained by the ATF. The ATF denied Everytown's FOIA request on the grounds that appropriations…
Date: December 23, 2020
Docket Number: 19-470
Justia Opinion Summary: Defendants appealed the district court's judgment certifying a plaintiff class and enjoining state defendants from conducting Medicaid fair hearings in a manner that does not result in final determinations of Medicaid…
Date: December 17, 2020
Docket Number: 18-3174
Justia Opinion Summary: Plaintiff, a carman for Metro-North, filed suit under the Federal Railroad Safety Act, alleging unlawful retaliation for his refusal to walk outdoors to another building in the railyard in allegedly unsafe winter…
Date: December 16, 2020
Docket Number: 20-459
Justia Opinion Summary: The Union represented the workers at the Old Brookville campus. In 2016, LIU contracted out that work to A&A, which became the employer of those workers and assumed an existing collective bargaining agreement, set to…
Date: December 14, 2020
Docket Number: 19-3331
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment affirming the bankruptcy court's order granting debtor's motion to avoid a judicial lien. Debtor seeks, pursuant to 11 U.S.C. 522(d)(1) and (f)(1)(A), to exempt…
Date: December 10, 2020
Docket Number: 18-2323
Justia Opinion Summary: Time Warner petitions for review of a Board ruling that Time Warner committed an unfair labor practice in violation of Section 8(a)(1) of the National Labor Relations Act by coercively interrogating employees about…
Date: December 10, 2020
Docket Number: 19-3626
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of summary judgment in favor of Wilmington Savings in an action seeking to quiet title and discharge a mortgage under New York law. Windward Bora argues that New…
Date: December 10, 2020
Docket Number: 20-461
Justia Opinion Summary: Dylan filed suit in district court seeking a declaration of its rights and obligations under the terms of a collective bargaining agreement (CBA). The district court converted defendants' motion to dismiss into a motion…
Date: December 8, 2020
Docket Number: 19-2155
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of summary judgment in favor of defendants and dismissal of plaintiffs' products liability claims after precluding, pursuant to Daubert v. Merrell Dow…
Date: December 8, 2020
Docket Number: 19-3139
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of defendant's motion for a reduced sentence under Section 404 of the First Step Act. While the court agreed with defendant that he was eligible for relief, the…
Date: December 4, 2020
Docket Number: 19-2738
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of summary judgment to the New York City Department of Education and a school principal in an action brought by plaintiff, alleging a claim of First Amendment…
Date: December 4, 2020
Docket Number: 19-3272
Justia Opinion Summary: The SEC filed a civil enforcement action against Alpine, a registered broker-dealer specializing in penny stocks and micro-cap securities, claiming that Alpine's failure to comply with the reporting requirements for…
Date: December 3, 2020
Docket Number: 19-4331
Justia Opinion Summary: The United States appealed the district court's dismissal of its claims under the False Claims Act (FCA) and federal common law against SCI. The government's claims stemmed from its belief that a service-disabled…
Date: November 30, 2020
Docket Number: 19-3769
Justia Opinion Summary: Plaintiff, the Clerk of Erie County, filed suit alleging that he could be prosecuted under federal immigration law for performing certain duties under New York's Driver's License Access and Privacy Act (the "Green Light…
Date: November 25, 2020
Docket Number: 18-3479
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction and sentence for one count of escape. The court held that venue was proper in the Western District of New York where, on the undisputed facts of this case, the extended…
Date: November 24, 2020
Docket Number: 19-2158
Justia Opinion Summary: The Second Circuit affirmed defendant's 55-year sentence imposed for his conviction of participating in a pattern of racketeering activity evidenced by his role in the murder of four teenagers. Defendant was 15 years old…
Date: November 24, 2020
Docket Number: 19-2737
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of the Oneida Indian Nation of New York's motion for judgment on the pleadings for its claims asserting a tribal right to possession of land under the Indian…
Date: November 23, 2020
Docket Number: 19-2703
Justia Opinion Summary: The district court granted summary judgment for plaintiff in a derivative suit on behalf of 1-800-Flowers.com against Master Fund, ruling that Master Fund was the beneficial owner of more than ten percent of the shares…
Date: November 19, 2020
Docket Number: 19-2750
Justia Opinion Summary: CFC appealed the district court's dismissal based on summary judgment of its complaint alleging trademark infringement, trademark dilution, and unfair competition by Energizer. CFC contends that its trademark for…
Date: November 18, 2020
Docket Number: 20-3572
Justia Opinion Summary: The Second Circuit originally resolved the motions that are the subject of this opinion in an order entered November 9, 2020. Except in unusual circumstances, the court resolves such motions by order, not opinion. The…
Date: November 17, 2020
Docket Number: 19-347
Justia Opinion Summary: Plaintiffs filed suit against the county, the sheriff's department, and Defendant Foti and Santacroce, alleging claims in connection with Foti's alleged sexual harassment and sexual assault of female inmates at the…
Date: November 16, 2020
Docket Number: 20-642
Justia Opinion Summary: The Second Circuit reversed in part the district court's dismissal of plaintiff's amended complaint, alleging claims of unreasonable force applied by security personnel endeavoring to remove a plaintiff, a former…
Date: November 13, 2020
Docket Number: 19-3627
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction and sentence for international parental kidnapping and passport fraud. After determining that defendant's vagueness challenge fails insofar as it is premised on…
Date: November 13, 2020
Docket Number: 20-790
Justia Opinion Summary: The Second Circuit denied the petition for appealability, holding that assaulting a federal officer, an offense under 18 U.S.C. 111(b), is a categorical crime of violence within the meaning of 18 U.S.C. 924(c)(3)(A),…
Date: November 12, 2020
Docket Number: 19-1163
Justia Opinion Summary: Plaintiff filed suit against several groups of defendants for malicious prosecution, due process violations, the use of excessive force, and municipal liability. In this case, plaintiff was arrested and charged with…
Date: November 12, 2020
Docket Number: 19-4373
Justia Opinion Summary: The Second Circuit affirmed defendant's 24-month sentence following a violation of supervised release, holding that calculation of the term of imprisonment under USSG 7B1.1(a)(1)(B) includes state law enhancements that…
Date: November 9, 2020
Docket Number: 17-3633
Justia Opinion Summary: Respondents appeal the district court's grant of an application for discovery in aid of a foreign proceeding under 28 U.S.C. 1782 brought by petitioner. The application relates to complex litigation stemming from the…
Date: November 9, 2020
Docket Numbers: 20-3572, 20-3590
Justia Opinion Summary: These appeals challenge Governor Andrew Cuomo's issuance of an executive order directing the New York State Department of Health to identify yellow, orange, and red "zones" based on the severity of COVID-19 outbreaks and…
Date: November 6, 2020
Docket Number: 18-3193
Justia Opinion Summary: In a challenge to the State of New York's 2011 reduction, through the amendment of a state statute and regulation, of its contribution rates to retired former state employees' health insurance premiums, the Second…
Date: November 5, 2020
Docket Number: 18-2836
Justia Opinion Summary: The Second Circuit affirmed Defendants Scott and Santiago's convictions for their role in the assault of an inmate at the Downstate Correctional Facility and its subsequent cover-up. Defendants were former correction…
Date: November 4, 2020
Docket Number: 18-1906
Justia Opinion Summary: The Second Circuit affirmed Defendants Requena and Raymond's conviction for one count of conspiracy to possess with intent to distribute and to distribute a controlled substance analogue. Defendants were convicted under…
Date: November 3, 2020
Docket Number: 18-1344
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for creating a "loud or unusual noise or a nuisance" in the courthouse, in violation of 41 C.F.R. 102-74.390(a) (the "Noise Regulation"). Defendant's conviction stemmed…
Date: November 3, 2020
Docket Number: 18-2003
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction and sentence for charges related to his operation of an illegal payday-loan scheme. The jury found that defendant violated the Racketeer Influenced and Corrupt…
Date: November 2, 2020
Docket Number: 19-408
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for one count of bank fraud based on a conditional guilty plea. Defendant argued that the 11-year delay between his 2007 indictment and 2018 arrest violated his Sixth…
Date: October 29, 2020
Docket Number: 17-2861
Justia Opinion Summary: Four female employees, including plaintiff, filed suit alleging hostile work environment claims. The jury awarded plaintiff a total of $400,000 on her claims against defendants under Title VII of the Civil Rights Act and…
Date: October 29, 2020
Docket Number: 18-1569
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction and sentence for four counts of receipt of child pornography, one count of possession of child pornography, and two counts of transportation of child pornography. The…
Date: October 29, 2020
Docket Number: 19-1169
Justia Opinion Summary: Plaintiff filed suit against his instructor at Charter Oak State College, alleging that the instructor violated his First Amendment rights by removing an online blog post that he made in response to a class assignment.…
Date: October 29, 2020
Docket Number: 19-3383
Justia Opinion Summary: Plaintiffs enrolled in a Group Variable Universal Life Insurance (GVUL) policy offered by MetLife. During the enrollment process, neither plaintiff indicated that he smoked tobacco, but MetLife nevertheless designated…
Date: October 28, 2020
Docket Number: 19-2202
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of relief to defendant under the First Step Act. The court held that, under the First Step Act, a district court has the authority to lower a sentence only if that…
Date: October 27, 2020
Docket Number: 19-2284
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of habeas corpus relief to petitioner, who was detained pursuant to 8 U.S.C. 1226(a), which provides for discretionary detention of noncitizens during the pendency…
Date: October 23, 2020
Docket Number: 19-0032
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of summary judgment for the Cayuga Indian Nation of New York and the district court's permanent injunction enjoining the County from foreclosing on the Cayuga Indian…
Date: October 20, 2020
Docket Number: 19-1157
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment in favor of the government defendants in a Freedom of Information Act (FOIA) action brought by plaintiff, seeking documents related to the revocation of his visa.…
Date: October 8, 2020
Docket Number: 19-1109
Justia Opinion Summary: A jury found that defendant had, through his actions in two distinct schemes, breached his fiduciary duty to Yukos, YHIL, Foundation 1, and Foundation 2 (collectively, the "Yukos Group"), as well as Mark Fleischman, as…
Date: October 7, 2020
Docket Number: 18-3727
Justia Opinion Summary: The Second Circuit reversed the district court's grant of defendant's motion for a new trial under Federal Rule of Criminal Procedure 33, following defendant's conviction for conspiracy to commit securities fraud and…
Date: October 7, 2020
Docket Number: 20-2766
Justia Opinion Summary: President Trump filed suit against the District Attorney of the County of New York, alleging that a grand jury subpoena issued on August 29, 2019 by the District Attorney to Mazars USA, LLP, the President's accounting…
Date: October 5, 2020
Docket Number: 19-650
Justia Opinion Summary: Plaintiff, a New York inmate, filed a 42 U.S.C. 1983 suit alleging that all employees of the DOCCS violated his constitutional rights under the First and Eighth Amendments when they sexually assaulted him and retaliated…
Date: October 2, 2020
Docket Number: 18-1395
Justia Opinion Summary: Defendant pleaded guilty to one count of accepting bribes and three counts of tax evasion in connection with a bribery scheme that he and others perpetrated while he was an employee of Con Edison. On appeal, defendant…
Date: October 2, 2020
Docket Number: 20-2179
Justia Opinion Summary: The Libertarian Party of Connecticut and two of its affiliated candidates filed suit alleging that the State violated their First and Fourteenth Amendment rights by requiring candidates for office to collect signatures…
Date: September 29, 2020
Docket Number: 11-5458
Justia Opinion Summary: This appeal stems from a contract dispute between PepsiCo and one of its independent Peruvian bottlers, CEPSA. After PepsiCo terminated its contract with CEPSA, CEPSA filed suit in district court alleging, inter alia,…
Date: September 25, 2020
Docket Number: 19-3218
Justia Opinion Summary: Absent updated guidance from the Sentencing Commission, the First Step Act freed district courts to consider any potentially extraordinary and compelling reasons that a defendant might raise for compassionate release.…
Date: September 24, 2020
Docket Number: 18-3569
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction and sentence for conspiring to distribute cocaine base and possession of a firearm as a convicted felon, but vacated two challenged conditions of supervised release and…
Date: September 24, 2020
Docket Number: 19-0429
Justia Opinion Summary: After the Bernie Madoff Ponzi scheme collapsed, Picard was appointed under the Securities Investor Protection Act, 15 U.S.C. 78aaa (SIPA), as the liquidation trustee for Bernard L. Madoff Investment Securities LLC…
Date: September 24, 2020
Docket Number: 19-2119
Justia Opinion Summary: Defendant appealed two special conditions of his supervised release stemming from his conviction for making a materially false, fictitious, and fraudulent statement and representation to FBI agents. The conditions…
Date: September 24, 2020
Docket Number: 19-609
Justia Opinion Summary: Plaintiffs filed a putative class action on behalf of members and descendants of the Ovaherero and Nama indigenous peoples against the Federal Republic of Germany, seeking damages for the enslavement and genocide of the…
Date: September 23, 2020
Docket Number: 17-3234
Justia Opinion Summary: After plaintiff was shot in the stomach by Officer Miller in the course of Miller's execution of a no-knock search warrant, plaintiff filed suit alleging that he was the victim of negligence on the part of both Miller…
Date: September 23, 2020
Docket Number: 18-2390
Justia Opinion Summary: Plaintiff, a Medicare beneficiary who uses a Continuous Glucose Monitoring device (CGM) to manage his Type I diabetes, sought Medicare coverage to offset the costs associated with his CGM. After the Medicare Appeals…
Date: September 22, 2020
Docket Number: 17-3810
Justia Opinion Summary: The Second Circuit affirmed the district court's decision affirming the Board's conclusion that Aleutian violated certain statutory and regulatory requirements governing the H-1B temporary foreign worker program, and…
Date: September 22, 2020
Docket Number: 18-3065
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction of two counts of insider trading in violation of Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b–5. The court held that defendant had a duty to…
Date: September 22, 2020
Docket Number: 19-224
Justia Opinion Summary: Plaintiff filed suit under the Racketeer Influenced and Corrupt Organizations Act (RICO) and 42 U.S.C. 1983, alleging that the individual defendants conspired against him in arbitration and judicial proceedings arising…
Date: September 22, 2020
Docket Number: 20-2056
Justia Opinion Summary: After the government removed petitioner from the United Stated, the removal mooted the government's appeal of the district court's order directing the government to release petitioner from immigration detention. The…
Date: September 21, 2020
Docket Number: 19-2308
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiffs' Title VII disparate impact class action against their would-be employer. Plaintiffs, African-American men who were hired at a technology services…
Date: September 18, 2020
Docket Number: 18-1070
Justia Opinion Summary: Petitioner, a native and citizen of El Salvador, petitioned for review of the BIA's 2018 decision finding him removable under 8 U.S.C. 1227(a)(2)(A)(iii) for having been convicted of an "aggravated felony" as defined by…
Date: September 18, 2020
Docket Number: 18-2755
Justia Opinion Summary: The Second Circuit denied a petition for review of the the BIA's decision affirming the IJ's order of removal of petitioner to the Dominican Republic. The court held that a conviction under New York Penal Law 165.50 is…
Date: September 17, 2020
Docket Number: 19-118
Justia Opinion Summary: Plaintiff filed suit alleging that Section 431 of the Smoot-Hawley Tariff Act of 1930, which requires all vessels arriving in the United States to maintain a manifest on which is recorded information about the…
Date: September 17, 2020
Docket Number: 19-2471
Justia Opinion Summary: The Second Circuit denied a petition for review of the Benefit Review Board's decision affirming the ALJ's award of disability benefits to an employee of a defense contractor under the Defense Base Act (DBA), which…
Date: September 17, 2020
Docket Number: 19-644
Justia Opinion Summary: D.S., a child with a disability who receives special education services under the Individuals with Disabilities Education Act (IDEA), appealed the district court's denial of his motion for summary judgment and grant of…
Date: September 16, 2020
Docket Number: 19-4143
Justia Opinion Summary: The Second Circuit affirmed the district court's order denying the Unions' request for a preliminary injunction to enjoin the implementation of three Executive Orders relating to federal labor-management relations. The…
Date: September 15, 2020
Docket Number: 18-1697
Justia Opinion Summary: The Second Circuit reversed the district court's denial of defendant's motion to suppress a firearm discovered after police officers pat-frisked defendant during a traffic stop. The court held that the officers lacked an…
Date: September 15, 2020
Docket Number: 19-1002
Justia Opinion Summary: After Plaintiffs Moya and Ruiz applied to become naturalized citizens of the United States and the government denied their requests for disability exemptions from the civics and English testing requirements, they filed…
Date: September 15, 2020
Docket Number: 19-1390
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of defendant's motion for a reduction in sentence under the First Step Act of 2018. The court held that the First Step Act does not require that an eligible…
Date: September 14, 2020
Docket Number: 19-183
Justia Opinion Summary: New York State appealed from the district court's consolidated judgments invalidating the State's Opioid Stewardship Act (OSA), which requires opioid manufacturers and distributors to make an annual payment to fund…
Date: September 11, 2020
Docket Number: 18-1933
Justia Opinion Summary: Defendant was convicted of charges related to his attempted robbery of a convenience store. After a bifurcated trial where the jury convicted him of all counts, the district court dismissed the violence-in-Hobbs Act…
Date: September 11, 2020
Docket Number: 20-2537
Justia Opinion Summary: On January, 2020, the Supreme Court stayed a preliminary injunction issued by the United States District Court for the Southern District of New York enjoining DHS from implementing a final rule setting out a new agency…
Date: September 10, 2020
Docket Number: 19-2330
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal, based on Federal Rule of Civil Procedure 12(b)(6), of plaintiff's amended complaint alleging that defendants violated Connecticut and District of Columbia law…
Date: September 9, 2020
Docket Number: 18-3530
Justia Opinion Summary: The Second Circuit affirmed the district court's grant on remand of the Government's petition to enforce two Internal Revenue Service summonses, one sent to defendant in his personal capacity and one sent to him in his…
Date: September 8, 2020
Docket Number: 19-361
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for (1) conspiring to submit false voter registrations and buying voter registrations in violation of 18 U.S.C. 371 and 52 U.S.C. 10307(c) and (2) conspiring to violate…
Date: September 4, 2020
Docket Number: 19-758
Justia Opinion Summary: Plaintiff filed suit alleging that C&I violated various provisions of the Fair Debt Collection Practices Act (FDCPA) by sending him a debt collection notice, information subpoena, subpoena duces tecum, and restraining…
Date: September 3, 2020
Docket Number: 19-1093
Justia Opinion Summary: The Fund brought this action to collect $1.1 million in withdrawal liability under the Employee Retirement Income Security Act (ERISA). At issue was whether arbitration was properly initiated by Neshoma in response to…
Date: September 3, 2020
Docket Number: 19-1701
Justia Opinion Summary: After the district court granted defendant's motion for resentencing under the First Step Act, it vacated its order and denied his motion as moot when the district court learned that defendant had completed serving his…
Date: September 3, 2020
Docket Number: 19-2098
Justia Opinion Summary: Defendant, while still in custody for possession of child pornography, challenges a condition of his supervised release requiring that he submit to verification testing designed to ensure that he is complying with the…
Date: August 31, 2020
Docket Number: 18-739
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of defendants' motion for summary judgment on plaintiff's claims under the Free Exercise Clause of the First Amendment and the Religious Land Use and…
Date: August 31, 2020
Docket Number: 19-2213
Justia Opinion Summary: Plaintiff appealed the district court's order adopting the Magistrate Judge's sua sponte order administratively closing plaintiff's civil rights suit against defendants and denying his motion to reconsider. The district…
Date: August 31, 2020
Docket Number: 19-2395
Justia Opinion Summary: The Second Circuit granted a petition for review of the NHTSA's final rule, which reversed the agency's 2016 increase to the base rate of the Corporate Average Fuel Economy (CAFE) penalty. The court held that the CAFE…
Date: August 28, 2020
Docket Number: 19-0891
Justia Opinion Summary: After plaintiff was acquitted for disorderly conduct, resisting arrest, and harassment, he filed suit under 42 U.S.C. 1983, alleging claims of excessive force, false arrest, and malicious prosecution. Two officers moved…
Date: August 27, 2020
Docket Number: 18-671
Justia Opinion Summary: The Second Circuit affirmed defendant's convictions, after pleading guilty, of conspiring to engage in drug trafficking activity in violation of the Maritime Drug Law Enforcement Act (MDLEA). Defendants challenged the…
Date: August 27, 2020
Docket Number: 20-2400
Justia Opinion Summary: The Second Circuit denied a motion brought by unions representing uniformed New York City officers to stay, pending appeal the district court's July 29, 2020 order modifying the district court's July 22, 2020 order such…
Date: August 26, 2020
Docket Number: 19-3133
Justia Opinion Summary: The Department of State cannot revoke a citizen's United States passport on the ground that he concealed his identity in applying for the passport, where the citizen makes a statement that prior to his naturalization he…
Date: August 25, 2020
Docket Number: 18-511
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for eight counts related to his possession of child pornography. The court held that the district court properly denied defendant's motion to suppress fruits of the…
Date: August 25, 2020
Docket Number: 19-2304
Justia Opinion Summary: Defendant, who is serving a 24 month sentence for possession of child pornography, challenges three conditions of his supervised release, including a verification testing condition that permits the use of a computerized…
Date: August 19, 2020
Docket Number: 18-421
Justia Opinion Summary: Defendant appealed his conviction for one count of racketeering conspiracy (RICO conspiracy count) and two counts of murder in aid of racketeering (VCAR murder counts) based on his involvement with the 10th Street Gang…
Date: August 19, 2020
Docket Number: 19-0480
Justia Opinion Summary: Plaintiff Curtis James Jackson III, the hip-hop recording artist known as 50 Cent, appealed the district court's grant of summary judgment for Defendant William Leonard Roberts II, the hip-hop recording artist known as…
Date: August 19, 2020
Docket Number: 19-127
Justia Opinion Summary: After a jury returned a verdict in favor of plaintiff on her claim of intentional discrimination on the basis of race or national origin by her former employer, Rockefeller University, both plaintiff and the University…
Date: August 19, 2020
Docket Number: 19-825
Justia Opinion Summary: The Second Circuit granted a petition for review of the BIA's decision finding petitioner removable as an aggravated felon for having been convicted of fraud involving a loss to the victims exceeding $10,000 pursuant to…
Date: August 18, 2020
Docket Number: 15-1453
Justia Opinion Summary: Defendant appealed his conviction for conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO), as well as narcotics-conspiracy and firearm-possession charges related to his membership in the…
Date: August 17, 2020
Docket Number: 17-2798
Justia Opinion Summary: Tiffany filed suit against Costco under the Lanham Act and New York law, alleging that Costco was liable for, inter alia, trademark infringement and counterfeiting in connection with its sale of diamond engagement rings…
Date: August 17, 2020
Docket Number: 18-474
Date: August 17, 2020
Docket Number: 19-1385
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 having been convicted of two crimes involving moral turpitude (CIMTs) under section…
Date: August 17, 2020
Docket Number: 19-3160
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's third amended complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), alleging that defendants violated the…
Date: August 14, 2020
Docket Number: 17-1558
Justia Opinion Summary: Plaintiffs filed suit challenging the quarantine decisions of certain Connecticut state officials in response to an Ebola epidemic in West Africa. On appeal, plaintiffs challenged the district court's denial of their…
Date: August 14, 2020
Docket Number: 18-2819
Justia Opinion Summary: Plaintiffs filed suit under the Freedom of Information Act (FOIA), seeking records from the Department of Commerce (DOC); the National Telecommunications and Information Administration (NTIA), an agency within the DOC;…
Date: August 13, 2020
Docket Number: 19-446
Justia Opinion Summary: Plaintiff filed suit against BuzzFeed for using one of his photographs without crediting him in violation of the Digital Millennium Copyright Act (DCMA). The district court awarded plaintiff statutory damages. BuzzFeed…
Date: August 12, 2020
Docket Number: 18-3807
Justia Opinion Summary: After the district court granted defendants' Federal Rule of Civil Procedure 12(b)(6) motion to dismiss with prejudice plaintiffs' second amended complaint alleging violations of the federal securities laws and entered…
Date: August 12, 2020
Docket Number: 19-2481
Justia Opinion Summary: Neither the 1794 Treaty of Canandaigua nor the 1842 Treaty with the Seneca Nation create an individualized exemption from federal income taxes for income "derived from" Seneca land. In this case, petitioners filed suit…
Date: August 11, 2020
Docket Number: 18-1079
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment affirming the bankruptcy court's grant of defendants' motion to dismiss in an action arising out of the Chapter 11 bankruptcy of Lehman Brothers Holdings Inc. The…
Date: August 11, 2020
Docket Number: 18-386
Justia Opinion Summary: Plaintiffs appealed the district court's dismissal, under Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6), of plaintiffs' amended complaint brought under 42 U.S.C. 1983 against various state officials, alleging…
Date: August 11, 2020
Docket Number: 20-221
Justia Opinion Summary: Under 28 U.S.C. 2253, in a habeas corpus proceeding or a proceeding under section 2255 before a district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit in which the…
Date: August 10, 2020
Docket Number: 19-1577
Justia Opinion Summary: Osen filed suit under the Freedom of Information Act (FOIA) seeking military investigation records from terrorist attacks that occurred in Iraq between 2004 and 2011. The district court applied the official disclosure…
Date: August 10, 2020
Docket Number: 19-3241
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiffs' amended complaint against Salisbury Bank for failure to state a claim. Plaintiffs alleged that the bank violated the Fair Credit Reporting Act and…
Date: August 6, 2020
Docket Number: 20-1875
Justia Opinion Summary: The Second Circuit denied petitioner's motion to file a second or successive motion to vacate, set aside, or correct his sentence following his conviction for Hobbs Act robbery and being a felon in possession of a…
Date: August 4, 2020
Docket Number: 18-2955
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's claims under the Copyright Act and the Digital Millennium Copyright Act (DMCA). Plaintiff alleged claims of copyright infringement and copyright…
Date: August 4, 2020
Docket Number: 19-3591
Justia Opinion Summary: Plaintiffs, a group of state and local governments and a group of non-profit organizations, filed separate suits under the Administrative Procedure Act, both challenging the validity of a DHS rule interpreting 8 U.S.C.…
Date: August 4, 2020
Docket Number: 19-436
Justia Opinion Summary: The Second Circuit vacated defendant's sentence and restitution imposed after he pleaded guilty to conspiracy to commit wire fraud. The court held that the district court erred at sentencing by applying the commercial…
Date: August 3, 2020
Docket Number: 19-1095
Justia Opinion Summary: The Second Circuit reversed and remanded the district court's dismissal of plaintiff's putative class action claims against Omega under Section 10(b) and 20(a) of the Securities Exchange Act of 1934. Plaintiffs alleged…
Date: July 30, 2020
Docket Number: 19-1140
Justia Opinion Summary: The Authority appealed the district court's grant of summary judgment to defendants, two vessels and their corporate owners, in an action brought under the federal Oil Pollution Act (OPA) and state law. The claims arose…
Date: July 30, 2020
Docket Number: 19-1467
Justia Opinion Summary: Plaintiffs filed suit as shareholders on behalf of Lebanese Canadian Bank (LCB), alleging that defendants used LCB to facilitate a money-laundering scheme benefiting Hezbollah. Plaintiffs contend that defendants' conduct…
Date: July 30, 2020
Docket Number: 20-2056
Justia Opinion Summary: The district court decided that the government was not authorized under 8 C.F.R. 241.14(d) to continue holding petitioner in immigration detention pending his removal from the United States and ordered the government to…
Date: July 29, 2020
Docket Number: 19-1675
Justia Opinion Summary: Plaintiff filed suit against Officers Miller and Clarke for using excessive force and failing to intervene during her arrest. Plaintiff's claims arose from an encounter with her ex-boyfriend and a group of…
Date: July 29, 2020
Docket Number: 19-2755
Justia Opinion Summary: ABM appealed the district court's denial of its motion to confirm an arbitration award and granting in part the union's motion to vacate the award, under Section 301 of the Labor Management Relations Act (LMRA). In this…
Date: July 28, 2020
Docket Number: 17-2446
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction and sentence for six counts of unlawful possession of child pornography. The court held that the police delayed unreasonably long in violation of the Fourth Amendment…
Date: July 28, 2020
Docket Number: 18-358
Justia Opinion Summary: The Second Circuit denied a petition for review of the BIA's decision upholding the IJ's order of removal and denial of petitioner's applications for asylum, withholding of removal, and protection under the Convention…
Date: July 23, 2020
Docket Number: 17-2230
Justia Opinion Summary: After expungement of his disciplinary record of theft, plaintiff filed suit against prison officials under 42 U.S.C. 1983, claiming violations of the Eighth Amendment and the Due Process Clause of the Fourteenth…
Date: July 23, 2020
Docket Number: 17-3468
Justia Opinion Summary: MPM appealed the district court's grant of partial summary judgment dismissing its claims for recovery of "remedial action" costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)…
Date: July 23, 2020
Docket Number: 18-1081
Justia Opinion Summary: The Second Circuit denied a petition for review of the BIA's decision affirming the IJ's order of removal and affirming the IJ's denial of petitioner's motion to reopen his immigration case. The court held that Pierre v.…
Date: July 23, 2020
Docket Number: 18-804
Justia Opinion Summary: Defendant pleaded guilty to conspiracy to commit Hobbs Act robbery (Count One) and possession of a firearm in furtherance of a narcotics conspiracy (Count Three). The Second Circuit held that defendant has not shown that…
Date: July 23, 2020
Docket Number: 19-238
Justia Opinion Summary: Defendant appealed his conviction of five counts arising from his operation of a prostitution business. The Second Circuit held that the district court properly denied defendant's motion to suppress the evidence seized…
Date: July 22, 2020
Docket Number: 18-3391
Justia Opinion Summary: The Second Circuit affirmed the district court's conclusion that defendant's denial of plaintiff's application pursuant to the Child State Protection Act (CSPA) for adjustment of status to lawful permanent resident was…
Date: July 22, 2020
Docket Number: 18-3403
Justia Opinion Summary: The Second Circuit vacated defendant's conviction for attempted possession of cocaine with intent to distribute. The court held that the district court plainly erred by instructing the jury that "any" witness with "an…
Date: July 22, 2020
Docket Number: 19-1895
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for failing to register as a sex offender under the Sex Offender Registration and Notification Act in violation of 18 U.S.C. 2250(a). The court held that the district…
Date: July 21, 2020
Docket Number: 19-1715
Justia Opinion Summary: New Hope Family Services, a voluntary and privately funded Christian ministry devoted to providing adoption services, filed suit alleging that OCFS violated its First and Fourteenth Amendment rights by advising New Hope…
Date: July 20, 2020
Docket Number: 18-1589
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for conspiracy to defraud the United States, conspiracy to violate the International Emergency Economic Powers Act (IEEPA), bank fraud, and money laundering in…
Date: July 20, 2020
Docket Number: 18-2583
Justia Opinion Summary: Healthcare insurers filed suit challenging an emergency regulation promulgated in 2017 by New York's Superintendent of the Department of Financial Services that would have significantly reduced the amount of risk…
Date: July 20, 2020
Docket Number: 18-3050
Justia Opinion Summary: Plaintiff, a state prisoner, filed suit against various corrections officials alleging that (1) New York DOCCS Rule 105.13 banning gang insignia or materials is unconstitutionally vague as applied to his photographs…
Date: July 20, 2020
Docket Number: 19-1725
Justia Opinion Summary: The Second Circuit affirmed the bankruptcy court's order capping appellant's claim for certain incentive payments promised by his former employer pursuant to 11 U.S.C. 502(b)(7), which limits employee claims for damages…
Date: July 17, 2020
Docket Number: 18-1962
Justia Opinion Summary: The Second Circuit affirmed, as modified, defendant's sentence imposed after he pleaded guilty to cyberstalking and distributing of a controlled substance. The court held that the district court did not err by imposing…
Date: July 17, 2020
Docket Number: 18-2357
Justia Opinion Summary: The Second Circuit affirmed the tax court's determination that petitioners held Wrentham House, a historic mansion in Newport, Rhode Island, as a capital asset eligible for capital loss deduction rather than as real…
Date: July 16, 2020
Docket Numbers: 18-842, 18-1479
Justia Opinion Summary: The Second Circuit granted petitions for review of the BIA's decisions ordering petitioners removed based on their New York firearms convictions. The court principally concluded that the statutes of conviction, sections…
Date: July 16, 2020
Docket Number: 19-95
Justia Opinion Summary: The term "false or fictitious" as used in 18 U.S.C. 514 refers to both wholly contrived types of documents or instruments and fake versions of existing documents or instruments. The Second Circuit affirmed defendant's…
Date: July 15, 2020
Docket Number: 19-33
Justia Opinion Summary: The Second Circuit affirmed defendant's 420 month sentence for child pornography offenses. The court held that defendant's sentence was substantively reasonable where the district court reviewed the record; considered…
Date: July 15, 2020
Docket Number: 19-3574
Justia Opinion Summary: The Second Circuit held that California's Anti-Strategic Lawsuits Against Public Participation (anti-SLAPP) statute is inapplicable in federal court because it conflicts with Federal Rules of Civil Procedure 12 and 56.…
Date: July 14, 2020
Docket Number: 18-3729
Justia Opinion Summary: The Second Circuit reversed the district court's denial of defendant's motion to suppress statements made and narcotics discovered during a search incident to arrest. The court held that the officers lacked an…
Date: July 13, 2020
Docket Number: 17-982
Justia Opinion Summary: The Second Circuit granted a petition for review of the BIA's decision denying petitioner's motion to remand and dismissing his appeal of the denial of his asylum and statutory withholding claims under the Immigration…
Date: July 13, 2020
Docket Number: 18-2107
Justia Opinion Summary: The Second Circuit granted a petition for review of a BIA decision dismissing petitioner's appeal of an IJ's denial, without an evidentiary hearing, of her motion to suppress evidence. The court held that the agency…
Date: July 13, 2020
Docket Number: 18-3800
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for conspiracy to distribute and possess with intent to distribute narcotics; Hobbs Act robbery and Hobbs Act conspiracy; and possession of a firearm, which had been…
Date: July 13, 2020
Docket Number: 19-642
Justia Opinion Summary: Plaintiffs filed a class action under S.E.C. Rule 10b-5, 17 C.F.R. 240.10b-5, following the failure of NewLink's Phase 3 clinical trial for a novel pancreatic cancer drug and the resulting decline in the market value of…
Date: July 9, 2020
Docket Number: 18-2112
Justia Opinion Summary: The Times filed a Freedom of Information Act (FOIA) action seeking acknowledgement from the CIA that it was aware of the existence of records regarding a covert program of arming and training rebel forces in Syria. The…
Date: July 8, 2020
Docket Number: 18-2225
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for failure to register under the Sex Offender Registration and Notification Act (SORNA). Defendant was convicted of raping another member of his platoon in violation of…
Date: July 8, 2020
Docket Number: 19-1921
Justia Opinion Summary: Objector, a member of a class of past purchasers of pasta, argued that the district court erred in certifying plaintiffs as a Federal Rule of Civil Procedure 23(b)(2) class when the district court approved their…
Date: July 8, 2020
Docket Number: 19-781
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of a petition for discovery pursuant to 28 U.S.C. 1782(a), seeking discovery from four investment banks related to their work as underwriters in the Tencent Music…
Date: July 7, 2020
Docket Number: 18-834
Justia Opinion Summary: In petition No. 18-834, petitioner contends principally that the BIA erred (a) in rejecting his challenge to the IJ's ruling that he failed to carry his burden of showing his procedurally regular admission to the United…
Date: July 7, 2020
Docket Number: 19-280
Justia Opinion Summary: Plaintiff filed suit alleging claims of deliberate indifference by prison officials to his medical conditions while he was incarcerated in a New York state prison. At the time of trial, plaintiff was on parole and asked…
Date: June 30, 2020
Docket Number: 20-1713
Justia Opinion Summary: The Second Circuit affirmed the district court's order granting Defendants Mattis and Rahman's release on bail pending trial. Amidst city and nationwide protests against police brutality, defendants were arrested after…
Date: June 29, 2020
Docket Number: 18-3176
Justia Opinion Summary: Plaintiffs, current and former inmates of the DOC incarcerated within Garner Correctional Institution, filed a putative class action alleging that they were exposed involuntarily to indoor radon gas, a recognized human…
Date: June 26, 2020
Docket Number: 18-3775
Justia Opinion Summary: The Second Circuit reversed the district court's grant of defendant's motion for judgment as a matter of law on qualified immunity grounds in an action brought by plaintiff, alleging that defendant, a police officer,…
Date: June 26, 2020
Docket Number: 19-2886
Justia Opinion Summary: The Second Circuit denied a petition for review, under the Administrative Procedure Act, of Regulation Best Interest, which creates new standards of conduct for broker-dealers providing investment services to retail…
Date: June 26, 2020
Docket Number: 19-3732
Justia Opinion Summary: Plaintiff filed two actions arising from defendants' provision of mental health services to him, alleging violations of his First and Ninth Amendment rights and the Health Insurance Portability and Accountability Act…
Date: June 25, 2020
Docket Number: 19-2547
Justia Opinion Summary: SM Kids filed suit against Google and related entities, seeking to enforce a 2008 agreement settling a trademark dispute over the Googles trademark. The agreement prohibited Google from intentionally making material…
Date: June 23, 2020
Docket Number: 18-1440
Justia Opinion Summary: The Second Circuit granted a petition for review of the BIA's denial of petitioners' third motion to reopen. Petitioners argued that the BIA abused its discretion in denying their motion to reopen because it failed to…
Date: June 23, 2020
Docket Number: 18-3533
Justia Opinion Summary: Plaintiffs appealed the district court's grant of summary judgment in favor of defendants in an action claiming that Connecticut's Public Act 17-2, as amended by Public Act 18-81, which transfers money from the state's…
Date: June 22, 2020
Docket Number: 15-0690
Justia Opinion Summary: The Second Circuit first addressed this matter by affirming in part, vacating in part, and remanding. Defendants then filed petitions for rehearing, which the court denied, and Defendant Bank Markazi filed a petition for…
Date: June 22, 2020
Docket Number: 17-3518
Justia Opinion Summary: The judgment the Second Circuit entered in its initial opinion in this appeal was vacated by the Supreme Court and remanded for reconsideration. The court reinstated the judgment. Plaintiffs, participants in IBM's…
Date: June 22, 2020
Docket Number: 18-2309
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for bank robbery, entering a bank with the intent to commit larceny, and bank larceny. The court held that, in the circumstances presented, dismissal of criminal…
Date: June 22, 2020
Docket Number: 18-2750
Justia Opinion Summary: The Second Circuit affirmed Defendants Napout and Marin's convictions for multiple counts of conspiracy to commit honest services wire fraud. Defendants were former officials of the global soccer organization Fédération…
Date: June 18, 2020
Docket Number: 18-1144
Justia Opinion Summary: Plaintiff pro se, a New York State prisoner, appealed the district court's dismissal of his 42 U.S.C. 1983 suit against correctional facility officials for failure to clear snow and ice from outdoor exercise yards for an…
Date: June 18, 2020
Docket Number: 19-354
Justia Opinion Summary: Plaintiff filed suit on behalf of herself and her son under the Individuals with Disabilities Education Act (IDEA), alleging that the Board denied her son a free appropriate public education (FAPE) and violated the…
Date: June 18, 2020
Docket Number: 19-595
Justia Opinion Summary: Movant filed suit on behalf of plaintiffs, seeking to recover money owed on defaulted Argentina bonds. In 2006, plaintiffs received a judgment in their favor, which went unpaid until plaintiffs settled their claims with…
Date: June 16, 2020
Docket Number: 19-648
Justia Opinion Summary: Violation of a bankruptcy court discharge order is not an arbitrable dispute. The Second Circuit affirmed the district court's order denying appellants' motions to compel arbitration of a dispute with two debtors who…
Date: June 15, 2020
Docket Number: 19-1647
Justia Opinion Summary: The Second Circuit affirmed the district court's order granting BBB's motion for summary judgment in an action brought by BBB employees under the Fair Labor Standards Act. Plaintiffs alleged that BBB was precluded from…
Date: June 11, 2020
Docket Number: 18-3023
Justia Opinion Summary: The Second Circuit certified two questions to the New York Court of Appeals: 1) Whether a stock conversion option that permits a lender, in its sole discretion, to convert any outstanding balance to shares of stock at a…
Date: June 10, 2020
Docket Number: 17-2898
Justia Opinion Summary: To hold categorically that an applicant for relief under the Convention Against Torture must be threatened more than once and that such a person must suffer physical harm before fleeing is an error of law. The Second…
Date: June 9, 2020
Docket Number: 19-2171
Justia Opinion Summary: The Second Circuit reversed the district court's decision concluding that it had subject-matter jurisdiction pursuant to the Foreign Sovereign Immunities Act (FSIA) over plaintiffs' suit seeking declaratory relief…
Date: June 9, 2020
Docket Number: 19-463
Justia Opinion Summary: A district court has the power to deny a government motion under USSG 3E1.1(b). The Second Circuit held that the district court committed procedural error in sentencing defendant after she pleaded guilty to conspiracy to…
Date: June 8, 2020
Docket Number: 18-2545
Justia Opinion Summary: The Second Circuit vacated defendant's sentence for one count of conspiracy to distribute and possess with intent to distribute marijuana. The district court sentenced defendant to 10 years in prison under 21 U.S.C.…
Date: June 8, 2020
Docket Number: 18-3377
Justia Opinion Summary: The First Amendment protects a prisoner's right to express non-threatening sexual desire in communications with a third party outside the prison. Plaintiff, a prisoner at FCI Ray Brook, filed suit under Bivens v. Six…
Date: June 8, 2020
Docket Number: 19-1262
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of the Welsh Government's motion to dismiss claims of copyright infringement brought by Pablo Star over two photographs of the Welsh poet Dylan Thomas and his wife,…
Date: June 5, 2020
Docket Number: 17-4159
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction and sentence for being in possession of a firearm. The court held that the general unanimity charge delivered by the district court was correct and adequate. Even if…
Date: June 5, 2020
Docket Number: 18-2121
Justia Opinion Summary: The NRDC and the State of Vermont seek review of certain provisions of a rule promulgated by the EPA, pursuant to the Toxic Substances Control Act, that requires manufacturers to report information about their use of…
Date: June 5, 2020
Docket Number: 19-1649
Justia Opinion Summary: The Second Circuit certified the following question to the New York Court of Appeals: Does Section 18(2)(e) of the New York Public Health Law provide a private right of action for damages when a medical provider violates…
Date: June 5, 2020
Docket Number: 19-874
Justia Opinion Summary: The Second Circuit affirmed the district court's motion for a reduced sentence under Section 404 of the First Step Act of 2018. Defendant was sentenced in August 2009 after pleading guilty to one count of conspiracy to…
Date: June 3, 2020
Docket Number: 18-3376
Justia Opinion Summary: Relator appealed the district court's dismissal of his Fifth Amended Complaint, which asserts claims under the False Claims Act and related state laws against certain healthcare providers, physician oncology practices,…
Date: June 3, 2020
Docket Number: 18-3485
Justia Opinion Summary: Respondent challenged the district court's orders denying his motion to quash various grand jury subpoenas and directing him to comply with the subpoenas on pain of coercive monetary sanctions. The subpoenas related to…
Date: June 3, 2020
Docket Number: 18-3829
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of defendant's motion to reduce his sentence, pursuant to 18 U.S.C. 3582(c)(2), based upon Amendment 782 to the United States Sentencing Guidelines for drug…
Date: June 2, 2020
Docket Number: 18-181
Justia Opinion Summary: The Second Circuit affirmed defendants' convictions on fourteen counts including collection of unlawful usurious debt, and conspiracy to do so, wire fraud, and money laundering, arising out of defendants' operation of a…
Date: June 1, 2020
Docket Number: 16-3935
Justia Opinion Summary: The Estate of Kenneth Chamberlain, Sr. filed suit against officers of the White Plains Police Department and the City of White Plains under 42 U.S.C. 1983, alleging claims for unlawful entry and excessive force resulting…
Date: June 1, 2020
Docket Number: 18-1591
Justia Opinion Summary: Plaintiff filed suit individually and as the beneficiary of the life insurance policy of her mother, Kathleen Sullivan, under the Employee Retirement Income Security Act of 1974 (ERISA), after the denial of Sullivan's…
Date: June 1, 2020
Docket Number: 20-1494
Justia Opinion Summary: The Second Circuit affirmed the district court's order of a preliminary injunction entered in favor of Democratic presidential candidate Andrew Yang and candidates for delegate seats who, if elected, would be pledged to…
Date: May 28, 2020
Docket Number: 16-296
Justia Opinion Summary: Sexual assault in the third degree under CGS 53a-72a(a)(1) necessarily includes as an element the use or threatened use of violent force and thus categorically constitutes a crime of violence as defined in 18 U.S.C.…
Date: May 27, 2020
Docket Number: 18-1710
Justia Opinion Summary: The Second Circuit vacated defendant's sentence imposed after he pleaded guilty to conspiracy to commit Hobbs Act robbery. The court found no plain error with respect to the plea agreement, but held that the limited…
Date: May 27, 2020
Docket Number: 18-2535
Justia Opinion Summary: The Second Circuit granted a petition for review of the BIA's decision ordering petitioner removed based on his 2016 Connecticut state conviction for carrying a pistol or revolver without a permit, in violation of…
Date: May 27, 2020
Docket Number: 18-801
Justia Opinion Summary: The Second Circuit granted a petition for review of the BIA's decision affirming the IJ's finding that petitioner was removable for having been previously convicted of misprision of a felony in violation of 18 U.S.C. 4.…
Date: May 27, 2020
Docket Number: 19-1300
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of plaintiff's motion to file an amended securities fraud complaint against the manufacturers of an allegedly defective surgical gown. The court held that…
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…
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…
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…
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,…
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,…
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…
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…
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'…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
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)…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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)…
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…
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),…
Date: March 23, 2020
Docket Number: 18-1691
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…
Date: March 20, 2020
Docket Number: 18-474
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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