2020 Second Circuit US Court of Appeals Case Law

United States v. Ho  
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. Defe...

Tangreti v. Bachmann  
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 t...

Stagg, P.C. v. U.S. Department of State  
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 Re...

Agudath Israel of America v. Cuomo  
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...

Everytown for Gun Safety Support Fund v. Bureau of Alcohol, Tobacco, Firearms and Explosives  
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 r...

Lisnitzer v. Zucker  
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 el...

Tompkins v. Metro-North Commuter Railroad Co.  
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 conditi...

A&A Maintenance Enterprise, Inc. v. Ramnarain  
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 exp...

Donovan v. Maresca  
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 h...

Time Warner Cable of New York City LLC v. National Labor Relations Board  
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 commu...

Windward Bora, LLC v. Wilmington Savings Fund Society  
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 Yor...

Dylan 140 LLC v. Figueroa  
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...

In Re: Mirena IUS Levonorgestrel-Related Products Liability Litigation  
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 Pharmaceutical...

United States v. Gadsden  
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 cou...

Agosto v. New York City Department of Education  
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 retali...

United States Securities and Exchange Commission v. Alpine Securities Corp.  
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 fili...

United States v. Strock  
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 veteran...

Kearns v. Cuomo  
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...

United States v. Rasheed  
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...

United States v. Portillo  
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...

Oneida Indian Nation v. Phillips  
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 Commerc...

Packer v. Raging Capital Management, LLC  
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 o...

Car-Freshner Corp. v. American Covers, LLC  
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 automob...

Agudath Israel of America v. Cuomo  
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 co...

Lucente v. County of Suffolk  
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 Suffo...

Oakley v. Dolan  
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 profess...

United States v. Houtar  
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 deficien...

Gray v. United States  
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), usi...

Frost v. New York City Police Department  
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 murd...

United States v. Ramos  
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 i...

Mangouras v. Boggs  
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 sin...

Agudath Israel of America v. Cuomo  
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...

Donohue v. Cuomo  
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 Circui...

United States v. Scott  
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 off...

United States v. Requena  
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...

United States v. Wasylyshyn  
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...

United States v. Moseley  
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 Organizat...

United States v. Debarros Cabral  
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 Am...

Legg v. Ulster County  
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...

United States v. Clarke  
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 co...

Collins v. Putt  
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. P...

Miller v. Metropolitan Life Insurance Co.  
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 th...

United States v. Echeverry  
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...

Velasco Lopez v. Decker  
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 o...

Cayuga Indian Nation of New York v. Seneca County  
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...

Spadaro v. United States Customs and Border Protection  
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....

Yukos Capital S.A.R.L. v. Feldman  
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 T...

United States v. Archer  
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 sec...

Trump v. Vance  
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 fi...

Hayes v. Dahkle  
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...

United States v. Razzouk  
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 ar...

Libertarian Party of Connecticut v. Lamont  
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 f...

Compania Embotelladora Del Pacifico, S.A. v. Pepsi Cola Co.  
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, br...

United States v. Zullo  
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....

United States v. Bryant  
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...

In re: Bernard L. Madoff Investment Securities LLC  
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 (BLMIS...

United States v. Bolin  
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 prohib...

Rukoro v. Federal Republic of Germany  
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...

Ferreira v. City of Binghamton  
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 an...

Bloom v. Azar  
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 Coun...

Aleutian Capital Partners v. Pizzella  
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 ord...

United States v. Kosinski  
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 refra...

Butcher v. Wendt  
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 o...

Hassoun v. Searls  
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 gove...

Mandala v. NTT Data, Inc.  
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...

Rodriguez v. Barr  
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...

Santana v. Barr  
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 c...

Panjiva, Inc. v. United States Customs and Border Protection  
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 just-compl...

G4S International Employment Services (Jersey), Ltd. v. Newton-Sealey  
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 exten...

D.S. v. Trumbull Board of Education  
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 t...

Service Employees International Union Local 200 v. Trump  
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 O...

United States v. Weaver  
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...

Moya v. United States Department of Homeland Security  
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 s...

United States v. Moore  
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 defenda...

Association for Accessible Medicines v. James  
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 state...

United States v. Walker  
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 robb...

New York v. Department of Homeland Security  
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 i...

Dane v. UnitedHealthcare Insurance Co.  
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 i...

United States v. Fridman  
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 c...

United States v. Smilowitz  
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...

Wagner v. Chiari & Ilecki, LLP  
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 no...

American Federation of Musicians and Employers' Pension Fund v. Neshoma Orchestra and Singers, Inc.  
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 th...

Martin v. United States  
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 t...

United States v. Villafane-Lozada  
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 ot...

United States v. Anastasio
Date: September 1, 2020
Docket Number: 18-421
Booker v. Graham  
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 Institutionaliz...

Rodriguez v. Gusman  
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...

New York v. National Highway Traffic Safety Administration  
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 pe...

Franco v. City of Syracuse  
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...

United States v. Alarcon Sanchez  
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 ad...

Uniformed Fire Officers Ass'n v. DeBlasio  
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...

Alzokari v. Pompeo  
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...

United States v. Caraher  
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 Netw...

United States v. Birkedahl  
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...

United States v. Anastasio  
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 i...

Jackson v. Roberts  
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 R...

Emamian v. Rockefeller University  
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 a...

Rampersaud v. Barr  
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...

United States v. Delgado  
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 1...

Tiffany & Co. v. Costco Wholesale Corp.  
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...

Mota v. Barr  
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 1227(...

Anas Osama Ibrahim Abdin v. CBS Broadcasting Inc.  
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 Copyrig...

Liberian Community Ass'n v. Lamont  
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 mot...

Whitaker v. Department of Commerce  
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; a...

In re Grand Jury Proceeding
Date: August 14, 2020
Docket Number: 18-3485
MPM Silicones, LLC v. Union Carbide Corp.
Date: August 13, 2020
Docket Number: 17-3468
Mango v. Buzzfeed, Inc.  
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 a...

Metzler Investment GmbH v. Chipotle Mexican Grill, Inc.  
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 j...

Perkins v. Commissioner  
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 i...

Lehman Brothers Special Financing Inc. v. Bank of America N.A.  
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...

Libertarian Party of Erie County v. Cuomo  
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 tha...

Lasher v. United States  
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...

Osen LLC v. United States Central Command  
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 do...

Sprague v. Salisbury Bank & Trust Co.  
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...

Mata v. United States  
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 firear...

Fischer v. Forrest  
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 m...

New York v. United States Department of Homeland Security  
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. 1...

United States v. Huberfeld  
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 br...

Holtzman v. Omega Healthcare Investors, Inc.  
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 t...

Power Authority of the State of New York v. M/V Ellen S. Bouchard  
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...

Abu Nahl v. Abou Jaoude  
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...

Hassoun v. Searls  
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...

Lennox v. Miller  
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 teenagers. Th...

ABM Industry Groups, LLC v. International Union of Operating Engineers  
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...

United States v. Smith  
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 w...

Likai Gao v. Barr  
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 Ag...

Elder v. McCarthy  
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 Amendmen...

MPM Silicones, LLC v. Union Carbide Corp.  
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) a...

Dale v. Barr  
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....

United States v. Dussard  
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...

United States v. Purcell  
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 f...

Schwebel v. Crandall  
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 a...

United States v. Solano  
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 in...

United States v. Diaz  
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 co...

New Hope Family Services, Inc. v. Poole  
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...

United States v. Atilla  
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 connectio...

UnitedHealthcare of New York, Inc. v. Lacewell  
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 adjustm...

Williams v. Korines  
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 depi...

In Re: 21st Century Oncology Holdings, Inc.  
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...

United States v. Traficante  
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 a...

Keefe v. Commissioner  
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 prop...

Jack v. Barr  
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...

United States v. Jones  
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 co...

United States v. Muzio  
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 th...

La Liberte v. Reid  
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. I...

United States v. Walker  
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 objectivel...

Ordonez Azmen v. Barr  
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 an...

Millan-Hernandez v. Barr  
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 erre...

United States v. Jones  
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 dis...

State of New York v. U.S. Dep't of Justice
Date: July 13, 2020
Docket Number: 19-267
Nguyen v. NewLink  
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...

The New York Times v. Central Intelligence Agency  
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 C...

In re: Application and Petition of Hanwei Guo
Date: July 9, 2020
Docket Number: 19-781
United States v. Mingo  
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...

Berni v. Barilla S.p.A.  
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 settleme...

In re: Application and Petition of Hanwei Guo  
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 I...

Ottey v. Barr  
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...

Davidson v. Desai  
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...

United States v. Mattis  
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 a...

Vega v. Semple  
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 c...

Jones v. Treubig  
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, use...

XY Planning Network, LLC v. Securities Exchange Commission  
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 cust...

Meadows v. United Services, Inc.  
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 (HI...

SM Kids, LLC v. Google LLC  
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 modi...

Tanusantoso v. Barr  
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 ad...

Colon de Mejias v. Lamont  
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 l...

Peterson v. Islamic Republic of Iran  
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...

Jander v. International Business Machines Corp.  
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 emplo...

United States v. Peeples  
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 charg...

United States v. Napout  
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...

McCray v. Lee  
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...

Doe v. East Lyme Board of Education  
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 stay-...

Gleizer v. Republic of Argentina  
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...

Belton v. GE Capital Retail Bank  
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 pre...

Thomas v. Bed, Bath & Beyond, Inc.  
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 u...

Adar Bays, LLC v. GeneSYS ID, Inc.  
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...

Martinez De Artiga v. Barr  
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 Ci...

Barnet v. Ministry of Culture & Sports of the Hellenic Republic  
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 agains...

United States v. Vargas  
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...

United States v. Thompson  
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. 841(...

Bacon v. Phelps  
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 Unk...

Pablo Star Ltd. v. The Welsh Government  
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,...

United States v. Estevez  
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 the...

Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency  
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 mer...

Ortiz v. Ciox Health LLC  
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...

United States v. Davis  
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 p...

United States ex rel. Hanks v. Florida Cancer Specialists  
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, a...

Oberlander v. United States  
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 r...

United States v. Zapatero  
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 offense...

United States v. Tucker  
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...

Chamberlain v. City of White Plains  
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...

Sullivan-Mestecky v. Verizon Communications, Inc.  
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 li...

Yang v. Kosinski  
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...

Kondjoua v. Barr  
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. 16(a...

United States v. Oneal  
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 fact...

Williams v. Barr  
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 Connec...

Mendez v. Barr  
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....

Jackson v. Abernathy  
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 plaintiff...

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,...

Plaintiff v. Defendant  
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...