2021 Second Circuit US Court of Appeals Case Law

Gorss Motels, Inc. v. Lands' End, Inc.  
Date: May 13, 2021
Docket Number: 20-589

Justia Opinion Summary: The Second Circuit affirmed the district court's grant of summary judgment in favor of Lands' End in a putative class action brought by Gorss Motels under the Telephone Consumer Protection Act (TCPA), seeking compensatio...

Quinones v. City of Binghamton  
Date: May 12, 2021
Docket Number: 20-3078

Justia Opinion Summary: Plaintiff, a lieutenant with the Binghamton Police Department, filed suit against the City, the City's mayor, and two Department officials, alleging that he was racially harassed by members of the Department and retaliat...

Maddox v. Bank of New York Mellon Trust Co.  
Date: May 10, 2021
Docket Number: 19-1774

Justia Opinion Summary: The Second Circuit affirmed the district court's order denying the Bank's motion for judgment on the pleadings. The court held that state legislatures may create legally protected interests whose violation supports Artic...

United States v. Gilliam  
Date: May 7, 2021
Docket Number: 20-1180

Justia Opinion Summary: The Second Circuit affirmed the district court's denial of defendant's motion for a sentence reduction under Section 404(b) of the First Step Act. The court held that defendant is ineligible for a sentence reduction beca...

Rucker v. Giffen  
Date: May 6, 2021
Docket Number: 20-1318

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 alleging that officials at the Monroe County Jail denied him adequate medical care and subjected him to cruel and unusual punishment during his pretrial confinement. Plaintiff wa...

Collins v. United States  
Date: April 30, 2021
Docket Number: 20-2021

Justia Opinion Summary: The Second Circuit reversed the district court's dismissal of a Federal Tort Claims Act (FTCA) suit brought by plaintiff after he sustained injuries as a result of being struck by a USPS truck. The court agreed with plai...

T.W. v. Board of Law Examiners  
Date: April 28, 2021
Docket Number: 19-4136

Justia Opinion Summary: Plaintiff filed suit against the Board, asserting that the Board had violated Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act (ADA) by allegedly discriminating against her in den...

Set Capital LLC v. Credit Suisse Group AG  
Date: April 27, 2021
Docket Number: 19-3466

Justia Opinion Summary: Set Capital filed a class action against Credit Suisse, Individual Defendants, and Janus, principally alleging that, on February 5, 2018, defendants executed a complex fraud to collapse the market for VelocityShares Dail...

Avon Nursing & Rehabilitation v. Becerra  
Date: April 27, 2021
Docket Number: 19-3953

Justia Opinion Summary: Plaintiffs, a group of nursing homes that participate in both the Medicare and Medicaid programs, challenge the legality of DHS's Final Rule permitting survey teams conducting certain inspections of nursing homes not to...

Whiteside v. Hover-Davis, Inc.  
Date: April 27, 2021
Docket Number: 20-798

Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's Fair Labor Standards Act (FLSA) action under Federal Rule of Civil Procedure 12(b)(6). Plaintiff maintains that the Act's three-year statute of li...

McMorris v. Carlos Lopez & Assocs., LLC  
Date: April 26, 2021
Docket Number: 19-4310

Justia Opinion Summary: The Second Circuit affirmed the district court's order dismissing plaintiff's claims against CLA and its principal for lack of Article III standing. Plaintiff and two other non-appealing plaintiffs filed a class action c...

Thompson v. Garland  
Date: April 22, 2021
Docket Number: 17-3494

Justia Opinion Summary: The Second Circuit denied a petition for review of the BIA's decision dismissing petitioner's appeal from the IJ's order removing him on the ground that he had been convicted of an aggravated felony crime of violence. Th...

United States v. McCoy  
Date: April 22, 2021
Docket Numbers: 17-3515, 17-3516, 18-619, 18-625

Justia Opinion Summary: Defendants McCoy and Nix appealed their convictions for charges related to their involvement in a series of home invasions in the Rochester, New York area in September and October 2014. In this case, defendants and other...

Dixon v. von Blanckensee  
Date: April 12, 2021
Docket Number: 20-1651

Justia Opinion Summary: Defendant appealed the district court's order granting in part and denying in part her motions to dismiss and reconsider dismissal of plaintiff's claims under Bivens v. Six Unknown Named Agents of the Federal Bureau of N...

Shimon v. Equifax Information Services LLC  
Date: April 9, 2021
Docket Number: 20-689

Justia Opinion Summary: After Asset Acceptance received a default judgment against plaintiff in a debt collection action, Asset Acceptance began garnishing plaintiff's wages. Plaintiff then appeared in the action, eventually entering into a sti...

Weiss v. National Westminster Bank PLC  
Date: April 7, 2021
Docket Number: 19-863

Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of the operative amended complaints in two actions seeking to hold defendant bank liable under the Antiterrorism Act of 1990 (ATA), for providing banking service...

United States v. Chow  
Date: April 6, 2021
Docket Number: 19-0325

Justia Opinion Summary: The Second Circuit affirmed the district court's amended judgment following defendant's conviction for one count of conspiracy to commit securities fraud in violation of 18 U.S.C. 371, one count of securities fraud in vi...

United States v. Wedd  
Date: April 1, 2021
Docket Number: 18-1392

Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for various crimes stemming from his role in two schemes to automatically subscribe consumers, without their knowledge or consent, to premium SMS text messaging services...

City of New York v. Chevron Corp.  
Date: April 1, 2021
Docket Number: 18-2188

Justia Opinion Summary: The City filed suit against five multinational oil companies under New York tort law seeking to recover damages for the harms caused by global warming. In this case, the City asserts that its taxpayers should not have to...

United States v. Felder  
Date: March 31, 2021
Docket Number: 19-897

Justia Opinion Summary: The Second Circuit affirmed defendant's conviction of two counts of carjacking resulting in death, multiple counts of substantive and conspiratorial Hobbs Act robbery, and related firearms offenses. The court concluded t...

Ketcham v. City of Mount Vernon  
Date: March 29, 2021
Docket Number: 20-14

Justia Opinion Summary: The Second Circuit vacated the district court's grant of summary judgment to defendants in an action brought by plaintiff, alleging excessive force under 42 U.S.C. 1983, as well as state law assault and battery claims....

The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith  
Date: March 26, 2021
Docket Number: 19-2420

Justia Opinion Summary: The Second Circuit reversed the district court's grant of summary judgment to the Foundation on its complaint for a declaratory judgment of fair use and the district court's dismissal of defendant's counterclaim for copy...

Ashley v. City of New York  
Date: March 26, 2021
Docket Number: 19-2726

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, alleging false arrest, malicious prosecution, and the denial of his right to a fair trial. On appeal, plaintiff challenged the district court's grant of summary judgment to Dete...

United States v. Bryant  
Date: March 26, 2021
Docket Number: 20-1078

Justia Opinion Summary: The Second Circuit held that defendant does not qualify for relief afforded by Section 401(a) of the First Step Act. Defendant was convicted in 2007 of conspiracy to distribute more than 50 grams of cocaine base in viola...

Francis v. Kings Park Manor, Inc.  
Date: March 25, 2021
Docket Number: 15-1823

Justia Opinion Summary: In this Fair Housing Act of 1968 case, plaintiff's claims stemmed from his neighbor's verbal attacks and attempted intimidation of plaintiff based on his race. The principal question presented to the en banc court is whe...

Vega-Ruiz v. Northwell Health  
Date: March 24, 2021
Docket Number: 20-315

Justia Opinion Summary: The Second Circuit vacated the district court's grant of defendants' Rule 12(b)(6) motion to dismiss plaintiff's claim as time-barred. The court held that plaintiff's disability discrimination claim arises under the Affo...

New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission  
Date: March 23, 2021
Docket Number: 19-1610

Justia Opinion Summary: The Second Circuit denied a petition for review of the Commission's orders determining that the DEC had waived its authority under Section 401 of the Clean Water Act to issue or deny a water quality certification for a n...

United States v. Dumitru  
Date: March 22, 2021
Docket Number: 19-1486

Justia Opinion Summary: The Second Circuit affirmed defendant's conviction and sentence for asylum fraud in violation of 18 U.S.C. 1546(a), making false statements in violation of 18 U.S.C. 1001(a)(2) and (3), and aggravated identity theft in v...

Watley v. Department of Children and Families  
Date: March 22, 2021
Docket Number: 20-277

Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiffs' claims alleging violations of the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Due Process Clause of the Fourteenth Amen...

Tardif v. City of New York  
Date: March 18, 2021
Docket Number: 19-1360

Justia Opinion Summary: Plaintiff filed suit against the City of New York, the New York City Police Department, and various officers and officials, after confrontations with the officers during Occupy Wall Street demonstrations in 2012. Plainti...

Fund Liquidation Holdings LLC v. Bank of America Corp.  
Date: March 17, 2021
Docket Number: 19-2719

Justia Opinion Summary: Article III is satisfied so long as a party with standing to prosecute the specific claim in question exists at the time the pleading is filed. If that party (the real party in interest) is not named in the complaint, th...

United States v. Martinez  
Date: March 16, 2021
Docket Number: 15-1384

Justia Opinion Summary: The Second Circuit affirmed defendant's 20-year sentence imposed after he pleaded guilty to participating in the affairs of a criminal enterprise, specifically, the "MS-13" street gang, through a pattern of racketeering...

International Technologies Marketing, Inc. v. Verint Systems, Ltd.  
Date: March 16, 2021
Docket Number: 19-1031

Justia Opinion Summary: A court need not wait until it is defrauded before it may impose monetary sanctions on a party who knowingly prosecutes a frivolous claim in bad faith. That remains true even if the misbehaving litigant made only a singl...

Kinsey v. New York Times Co.  
Date: March 15, 2021
Docket Number: 20-1304

Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's complaint against the New York Times. Plaintiff alleged defamation based on the Times's print and online articles about gender bias, favoritism, a...

Reynolds v. Quiros  
Date: March 11, 2021
Docket Number: 19-2858

Justia Opinion Summary: Plaintiff, a prisoner serving a life sentence in Connecticut's Northern Correctional Institute, filed suit under 42 U.S.C. 1983, alleging that the conditions of his confinement violate his rights under Article I, Section...

Cho v. BlackBerry Ltd.  
Date: March 11, 2021
Docket Number: 19-3376

Justia Opinion Summary: Plaintiffs Cho and Ulug, individual named plaintiffs in a putative securities class action, appeal the district court's grant of judgment on the pleadings and dismissal of their claims against defendants. Plaintiffs argu...

Domen v. Vimeo, Inc.  
Date: March 11, 2021
Docket Number: 20-616

Justia Opinion Summary: Plaintiff and Church United filed suit against Vimeo, alleging that the company discriminated against them by deleting Church United’s account from its online video hosting platform. Plaintiffs claimed that Vimeo discrim...

Tingling v. Educational Credit Management Corp.  
Date: March 11, 2021
Docket Number: 20-757

Justia Opinion Summary: The Second Circuit affirmed the district court's order affirming the bankruptcy court's denial of debtor's request to discharge her educational loans pursuant to 11 U.S.C. 523(a)(8). On appeal, debtor argues that she was...

People of the State of New York v. Griepp  
Date: March 10, 2021
Docket Number: 18-2454

Justia Opinion Summary: The Attorney General of the State of New York (OAG) appealed the district court's order denying it a preliminary injunction against defendants relating to their protest activities in violation of the federal Freedom of A...

Cuthill v. Blinken  
Date: March 9, 2021
Docket Number: 19-3138

Justia Opinion Summary: 8 U.S.C. 1151(f)(2) incorporates the age-reduction formula in 8 U.S.C. 1153(h)(1), which deducts processing time from the age of an F2A visa beneficiary. The Second Circuit affirmed the district court's judgment, holding...

Jianmin Jin v. Shanghai Original, Inc.  
Date: March 9, 2021
Docket Number: 19-3782

Justia Opinion Summary: Plaintiff filed a putative class action on behalf of himself and similarly-situated employees of Joe's Shanghai restaurant, alleging violations of the New York Labor Law (NYLL). The district court certified the class act...

DeSuze v. Ammon  
Date: March 9, 2021
Docket Number: 20-1141

Justia Opinion Summary: In 2018 plaintiffs, the former and current tenants of a privately owned affordable housing project, filed suit challenging the regulatory approval of rent increases a decade earlier by HUD and the New York HPD. The distr...

In Re: 650 Fifth Avenue Co. & Related Properties  
Date: March 9, 2021
Docket Number: 20-1212

Justia Opinion Summary: The Government seeks forfeiture of the Building, as well as other assets owned by claimants. The parties subsequently cross-appeal the district court's order determining that the Government had probable cause to forfeit...

Linza v. Saul  
Date: March 8, 2021
Docket Number: 19-2766

Justia Opinion Summary: Plaintiff, a retired "dual status technician" with the National Guard, argues that the civil service pension he received in connection with his employment as a dual status technician – a civilian position that requires c...

Cooper v. Ruane Cunniff & Goldfarb Inc.  
Date: March 4, 2021
Docket Number: 17-2805

Justia Opinion Summary: The Second Circuit reversed the district court's order compelling arbitration of plaintiff's claims for breach of fiduciary duty under section 502(a)(2) of the Employee Retirement Income Security Act of 1974 (ERISA). Pla...

Chevron Corp. v. Donziger  
Date: March 4, 2021
Docket Number: 18-855

Justia Opinion Summary: Defendant appealed the district court's amended judgment awarding costs to Chevron under Federal Rule of Civil Procedure 54(d), several interlocutory orders declining to dismiss civil contempt proceedings against him and...

Vasquez v. Maloney  
Date: March 4, 2021
Docket Number: 20-1070

Justia Opinion Summary: The Second Circuit affirmed the district court's order denying defendants' motion for summary judgment based on qualified immunity on plaintiff's unlawful search and seizure claims. The court concluded that defendants vi...

Pharaohs GC, Inc. v. United States Small Business Administration  
Date: March 4, 2021
Docket Number: 20-2170

Justia Opinion Summary: In March 2020, Congress created the Paycheck Protection Program (PPP), which authorized the SBA to guarantee favorable loans to certain business affected by the COVID-19 pandemic. The SBA Administrator promulgated regula...

Board of Education of the Yorktown Central School District v. C.S.  
Date: March 3, 2021
Docket Number: 19-270

Justia Opinion Summary: The Individuals with Disabilities Education Act (IDEA) does not permit a school district to amend an individualized education program (IEP) unilaterally during the thirty-day resolution period. The Act envisions the reso...

United States v. Scott  
Date: March 2, 2021
Docket Number: 18-163

Justia Opinion Summary: The United States appeals from the district court's amended judgment pursuant to 28 U.S.C. 2255, vacating defendant's 22-year sentence for Hobbs Act robbery and related firearms crimes and resentencing him to time served...

United States v. Chestnut  
Date: March 2, 2021
Docket Number: 20-3208

Justia Opinion Summary: The Second Circuit dismissed defendant's appeal of the district court's denial of his motion for compassionate release under 18 U.S.C. 3582(c)(1)(A) as moot. While this appeal was pending, defendant completed his federal...

Collier v. United States  
Date: March 1, 2021
Docket Number: 17-2402

Justia Opinion Summary: The Second Circuit affirmed the district court's denial of petitioner's 28 U.S.C. 2255 motion, seeking vacatur of his 1998 conviction for possession of a firearm in furtherance of a crime of violence, in violation of 18...

Zelaya-Moreno v. Wilkinson  
Date: February 26, 2021
Docket Number: 17-2284

Justia Opinion Summary: The Second Circuit denied a petition for review of the BIA's decision denying petitioner's application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Petitioner sought relief a...

United States v. Rosario  
Date: February 23, 2021
Docket Number: 18-1994

Justia Opinion Summary: Defendant appealed his sentence of 210 months' imprisonment for obstruction of justice based on destruction of evidence. The Second Circuit concluded that the district court did not make the findings of fact required und...

United States v. Skelos  
Date: February 23, 2021
Docket Number: 18-3421

Justia Opinion Summary: The Second Circuit affirmed Defendants Dean and Adam Skelos' convictions on multiple public corruption charges. Dean was a Republican senator from Nassau County, and was the Majority Leader of the New York State Senate....

Mandala v. NTT Data, Inc.
Date: February 23, 2021
Docket Number: 19-2308
Plymouth Venture Partners, II, L.P. v. GTR Source, LLC  
Date: February 23, 2021
Docket Number: 20-118

Justia Opinion Summary: The Second Circuit certified the following questions to the New York Court of Appeals: (1) whether a judgment debtor suffers cognizable damages in tort when its property is seized pursuant to a levy by service of executi...

Seneca Nation of Indians v. State of New York  
Date: February 22, 2021
Docket Number: 19-4022

Justia Opinion Summary: The Second Circuit affirmed the district court's judgment confirming an arbitration award in favor of the State of New York. The court held that the arbitral panel – which did in fact consider the Indian Gaming Regulator...

Sulzer Mixpac AG v. A&N Trading Co., Ltd.  
Date: February 18, 2021
Docket Number: 19-2951

Justia Opinion Summary: The Second Circuit reversed the district court's grant of final judgment for Mixpac on its claims of unfair competition, infringement of common law trademarks, and its claims under the Trademark Act of 1946 (Lanham Act)...

United States v. Burden  
Date: February 16, 2021
Docket Number: 20-1059

Justia Opinion Summary: The Second Circuit affirmed the district court's denial of defendant's motion for a sentence reduction pursuant to the First Step Act of 2018. Defendant was one of the leaders of a Norwalk, Connecticut-based organization...

In re: Synchrony Financial Securities Litigation  
Date: February 16, 2021
Docket Number: 20-1352

Justia Opinion Summary: Plaintiffs filed suit alleging that Synchrony Financial and others involved in a December 2017 promissory note offering are liable for materially misrepresenting the scope and degree of changes to the company's underwrit...

Gallina v. Wilkinson  
Date: February 12, 2021
Docket Number: 17-4058

Justia Opinion Summary: The Second Circuit denied a petition for review of the BIA's decision denying petitioner relief under the Convention Against Torture (CAT). Petitioner argues that he was tortured in Italy when he was subjected for more t...

Connecticut General Life Insurance Co. v. BioHealth Laboratories, Inc.  
Date: February 10, 2021
Docket Number: 20-2312

Justia Opinion Summary: Plaintiffs filed suit against several laboratory testing companies, alleging that the companies violated federal and Connecticut law by submitting fraudulent or overstated claims for medical services purportedly provided...

SAM Party of New York v. Kosinski  
Date: February 10, 2021
Docket Number: 20-3047

Justia Opinion Summary: The State of New York enacted new party-qualification requirements in the spring of 2020, requiring political organizations to earn the greater of 130,000 votes or 2 percent of the vote in elections for President and for...

Electra v. 59 Murray Enterprises, Inc.  
Date: February 9, 2021
Docket Number: 19-235

Justia Opinion Summary: Plaintiffs filed suit alleging that defendants unlawfully used photographs of them to advertise strip clubs owned by defendants in violation of New York Civil Rights Law sections 50 and 51. The district court granted sum...

McCloud v. United States  
Date: February 9, 2021
Docket Number: 19-4184

Justia Opinion Summary: The Second Circuit affirmed the district court's order denying as untimely petitioner's motion for relief under 28 U.S.C. 2255. Petitioner contends that this circuit's recent decision in United States v. Townsend, 897 F....

Grand River Enterprises v. Boughton  
Date: February 8, 2021
Docket Number: 20-1044

Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of GRE's second amended complaint (SAC) challenging the Reconciliation Requirement of Conn. Gen. Stat. 4-28m(a)(3), which imposes certain reporting requirements...

New York Legal Assistance Group v. Board of Immigration Appeals  
Date: February 5, 2021
Docket Number: 19-3248

Justia Opinion Summary: After NYLAG sought access to non-precedential "unpublished opinions" issued by the BIA in immigrant cases under the Freedom of Information Act (FOIA), the district court dismissed the case and concluded that FOIA's remed...

Williams v. Marinelli  
Date: February 4, 2021
Docket Number: 18-1263

Justia Opinion Summary: Plaintiff, a Connecticut inmate, filed suit under 42 U.S.C. 1983 against defendant and other Connecticut state officials, alleging deprivation of his Eighth Amendment rights. A jury found defendant liable for violating p...

Hartford Courant Co., LLC v. Carroll  
Date: February 1, 2021
Docket Number: 20-2744

Justia Opinion Summary: The Second Circuit affirmed the district court's order granting a preliminary injunction in favor of Hartford and enjoining defendants, who are administrators and clerks at the Connecticut Superior Court, from enforcing...

United States v. Stillwell  
Date: January 27, 2021
Docket Numbers: 18-3074, 18-3489, 19-790

Justia Opinion Summary: Defendants Stillwell, Samia, and Hunter appealed their convictions for murder-for-hire and related crimes. Long after defendants filed their appeals, the NDDS filed a notice in the Second Circuit, advising the court that...

Edwards v. Quiros  
Date: January 27, 2021
Docket Number: 19-3251

Justia Opinion Summary: Plaintiff, a Connecticut prisoner, filed suit under 42 U.S.C. 1983, alleging that state correctional officials violated the Eighth Amendment's prohibition against cruel and unusual punishment by denying him a meaningful...

United States v. Diaz  
Date: January 27, 2021
Docket Number: 19-3841

Justia Opinion Summary: The Second Circuit affirmed the district court's judgment revoking defendant's supervised release and sentencing him principally to 24-months in prison. The court concluded that, even though the procedures used to obtain...

Razmzan v. United States  
Date: January 26, 2021
Docket Number: 19-227

Justia Opinion Summary: After defendant was sued for medical malpractice in state court, he removed the case to federal court and moved to substitute the United States as defendant. Defendant claimed that the alleged malpractice occurred within...

Cavello Bay Reinsurance Ltd. v. Stein  
Date: January 25, 2021
Docket Number: 20-1371

Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of Cavello Bay's claims of securities fraud for failure to plead a domestic application of the law. The court assumed without deciding that the transaction was "...

Kotler v. Jubert  
Date: January 19, 2021
Docket Number: 16-4191

Justia Opinion Summary: Former inmate Kotler sued prison officials, claiming that they planted a weapon in his housing area in retaliation for his activities on an inmate grievance committee. He also alleged violations of his due process rights...

United States v. Gatto  
Date: January 15, 2021
Docket Number: 19-0783

Justia Opinion Summary: The Second Circuit affirmed defendants' convictions for wire fraud and conspiracy to commit wire fraud in violation of 18 U.S.C. 1343, 1349. Defendants' conviction stemmed from their involvement in a scheme to defraud un...

A.H. v. French  
Date: January 15, 2021
Docket Number: 20-1772

Justia Opinion Summary: The Second Circuit held that the district court abused its discretion by denying plaintiffs' motion for a preliminary injunction, holding that plaintiffs will likely succeed in showing that, as applied, the Dual Enrollme...

Hurd v. Fredenburgh  
Date: January 12, 2021
Docket Number: 19-3482

Justia Opinion Summary: Plaintiff filed suit against defendant, a New York State prison official, alleging that she violated his Eighth and Fourteenth Amendment rights by keeping him imprisoned based upon sentencing errors that incarcerated him...

Omega SA v. 375 Canal, LLC  
Date: January 6, 2021
Docket Number: 19-969

Justia Opinion Summary: Canal appealed from the district court's judgment awarding $1.1 million in statutory damages to Omega for Canal's contributory infringement of Omega's trademarks. The infringement arose from sales of counterfeit Omega wa...

Clerveaux v. East Ramapo Central School District  
Date: January 6, 2021
Docket Number: 20-1668

Justia Opinion Summary: The Rockland County, New York school district is 65.7% white, 19.1% black, 10.7% Latino, and 3.3% Asian. In 2017-2018, 8,843 students attended public schools, while 29,279 students attended private schools, primarily Jew...

United States v. Razzouk
Date: January 4, 2021
Docket Number: 18-1395