2022 Second Circuit US Court of Appeals Case Law

Melendez v. Sirius XM Radio, Inc.  
Date: October 4, 2022
Docket Number: 21-1769

Justia Opinion Summary: Plaintiff appealed from the district court’s judgment granting Defendant Sirius XM Radio, Inc. (“Sirius XM”)’s motion to dismiss Plaintiff’s claims with prejudice for violations of his right of publicity under California…

Martin J. Walsh v. Walmart, Inc.  
Date: October 4, 2022
Docket Number: 21-486

Justia Opinion Summary: The Department of Labor brought a petition seeking review of a final order issued on December 31, 2020 by the Occupational Safety and Health Review Commission. The Commission found the phrase “stored in tiers” in the…

Commodities & Minerals Enterprise Ltd. v. CVG Ferrominera Orinoco, C.A.  
Date: October 3, 2022
Docket Number: 20-4248

Justia Opinion Summary: Appellant CVG Ferrominera Orinoco, C.A. (“Ferrominera”), appealed from the district court’s judgment confirming a foreign arbitral award and granting attorney’s fees and costs in favor of Petitioner Commodities &…

Menora Mivtachim Ins. Ltd. v. Frutarom Indus. Ltd.  
Date: September 30, 2022
Docket Number: 21-1076

Justia Opinion Summary: International Flavors & Fragrances Inc. (“IFF”), a U.S.-based seller of flavoring and fragrance products, acquired Frutarom Industries Ltd. (“Frutarom”), an Israeli firm in the same industry. Leading up to the merger,…

E. Jean Carroll v. Donald J. Trump  
Date: September 27, 2022
Docket Number: 20-3977

Justia Opinion Summary: Defendant-Appellant Donald J. Trump and Movant-Appellant the United States of America appealed from a district court’s judgment denying their motion to substitute the United States in this action pursuant to the Westfall…

McKinney v. City of Middletown  
Date: September 26, 2022
Docket Number: 19-1765

Justia Opinion Summary: Plaintiff appeals the district court’s judgment granting Defendants’ motion for summary judgment on the ground of qualified immunity. Plaintiff argued that Defendant police officers violated clearly established law by…

Bissonnette v. LePage Bakeries  
Date: September 26, 2022
Docket Number: 20-1681

Justia Opinion Summary: Plaintiffs deliver baked goods by truck to stores and restaurants in designated territories within Connecticut. They brought an action in district court on behalf of a putative class against Flowers Foods, Inc. and two…

Nitkewicz v. Lincoln Life & Annuity Co. of N.Y.  
Date: September 26, 2022
Docket Number: 21-1830

Justia Opinion Summary: The United States District Court for the Southern District Court  concluded that Lincoln Life & Annuity Company of New York was not obligated under New York Insurance Law Section 3203(a)(2) to refund a payment that…

National Rifle Association of America v. Maria T. Vullo  
Date: September 22, 2022
Docket Number: 21-636

Justia Opinion Summary: Plaintiff National Rifle Association of America (the "NRA") claims that Defendant, the former Superintendent of the New York State Department of Financial Services ("DFS"), violated its rights to free speech and equal…

United States v. Sealed Defendant One  
Date: September 21, 2022
Docket Number: 21-118

Justia Opinion Summary: Defendant appealed from a judgment of conviction following his guilty plea to one count of transmitting a threat in interstate commerce, one count of threatening to assault a federal law officer, and one count of…

Ethridge v. Bell  
Date: September 20, 2022
Docket Number: 20-1685

Justia Opinion Summary: Petitioner appealed dismissing his pro se petition for a writ of habeas corpus and an order denying his motion for reconsideration. Petitioner challenged his conviction on the ground that the state court erroneously…

In re: Bernard L. Madoff Investment Securities LLC  
Date: September 20, 2022
Docket Number: 21-872

Justia Opinion Summary: Defendants JABA Associates LP and its general partners appealed the district court’s judgment granting summary judgment to Plaintiff, (“Trustee”), pursuant to the Securities Investor Protection Act of 1970 (“SIPA”). JABA…

Belya v. Kapral, et al.  
Date: September 16, 2022
Docket Number: 21-1498

Justia Opinion Summary: Plaintiff sued individuals and entities affiliated with the Russian Orthodox Church Outside Russia ("ROCOR" and, collectively, "Defendants") -- for defamation, contending that they defamed him when they publicly accused…

Martinez Roman v. Garland  
Date: September 15, 2022
Docket Number: 20-3476

Justia Opinion Summary: Petitioner a native and citizen of Mexico, sought review of a Board of Immigration Appeals (“BIA”) decision affirming the decision of an Immigration Judge (“IJ”) denying Petitioner’s application for cancellation of…

Fireman's Fund Ins. Co. v. OneBeacon Ins. Co.  
Date: September 15, 2022
Docket Number: 20-4282

Justia Opinion Summary: Defendant OneBeacon Insurance Company reinsured one of three excess insurance policies issued by Plaintiff Fireman’s Fund Insurance Company to policyholder ASARCO, Inc. After developing significant potential liability on…

Romano v. Ulrich et al.  
Date: September 15, 2022
Docket Number: 21-1303

Justia Opinion Summary: Plaintiff alleged that while he was incarcerated at a facility run by the New York Department of Corrections and Community Supervision (“DOCCS”), he was beaten by corrections officers who were attempting to break up a…

Cantero v. Bank of Am., N.A.  
Date: September 15, 2022
Docket Number: 21-400

Justia Opinion Summary: Plaintiffs in two putative class actions took out home mortgage loans from Bank of America, N.A. (“BOA”), one before and the other after the effective date of certain provisions of the DoddFrank Wall Street Reform and…

In re: Citibank August 11, 2020
Date: September 15, 2022
Docket Number: 21-487
Zachman v. Hudson Valley Federal Credit Union  
Date: September 14, 2022
Docket Number: 21-999

Justia Opinion Summary: Hudson Valley Federal Credit Union (“HVCU”) appealed from the district court’s ruling denying HVCU’s motion to compel arbitration of Plaintiff’s putative class action claims for breach of contract, breach of the covenant…

In re: Citibank August 11, 2020  
Date: September 8, 2022
Docket Number: 21-487

Justia Opinion Summary: Plaintiff Citibank, N.A, the Administrative Agent for the lenders on a $1.8 billion seven-year syndicated loan to Revlon Inc., appeals from the judgment of the district court in favor of Defendants, the Loan Managers for…

Hyland v. Navient Corporation  
Date: September 7, 2022
Docket Number: 20-3765

Justia Opinion Summary: A group of public servants who had contacted Navient for help repaying their loans (collectively, “Plaintiffs”) filed a putative class action lawsuit, alleging that Navient had not “lived up to its obligation to help…

Holick v. Cellular Sales  
Date: September 7, 2022
Docket Number: 21-948

Justia Opinion Summary: Plaintiffs brought a class action complaint against Cellular Sales of New York, LLC and Cellular Sales of Knoxville, Inc. (“Cellular”) for unfair wage deductions, unpaid compensable work, untimely commissions, unjust…

Rucker v. Kijakazi  
Date: September 6, 2022
Docket Number: 21-621

Justia Opinion Summary: Plaintiff filed for Social Security benefits, but her application was denied by the Social Security Commissioner. The Appeals Council denied review, which made the Commissioner’s decision final. Plaintiff appealed that…

Town of Southold, et al. v. Wheeler, et al.  
Date: September 2, 2022
Docket Number: 20-3188

Justia Opinion Summary: This dispute arises out of the efforts of the federal Environmental Protection Agency (“EPA”) to designate a new waste disposal site on Long Island Sound for byproducts of local dredging activities. New York State and…

United States v. Green  
Date: August 31, 2022
Docket Number: 19-997

Justia Opinion Summary: Defendants were charged with conspiracy to possess with intent to distribute 100 kilograms or more of marijuana. Defendants filed a joint motion to dismiss the narcotics conspiracy count on the grounds that the…

United States v. Ragonese  
Date: August 31, 2022
Docket Number: 20-3371

Justia Opinion Summary: Defendant pled guilty to one count of receipt of child pornography, in violation of 18 U.S.C. Sections 2252A(a)(2)(B), (b)(1), and 2, and one count of possession of child pornography, in violation of 18 U.S.C. Sections…

United States v. Orena  
Date: August 31, 2022
Docket Number: 21-2747

Justia Opinion Summary: Defendant contends primarily that the district court erred in denying his motion pursuant to Section 3582 by refusing to consider new evidence that he says calls into question the validity of his conviction.   The…

Fasano v. Guoqing Li  
Date: August 26, 2022
Docket Number: 20-3131

Justia Opinion Summary: Plaintiffs suing individually and on behalf of others similarly situated, appealed from an August 2020 judgment of the United States District Court for the Southern District of New York, on the ground of forum non…

Silva v. Farrish  
Date: August 25, 2022
Docket Number: 21-616

Justia Opinion Summary: Plaintiffs are members of the Shinnecock Indian Nation and assert an ancestral right to fish in the Shinnecock Bay without interference. Over the past decade, state officials ticketed and prosecuted Plaintiffs for…

Grajales v. Commissioner of Internal Revenue  
Date: August 24, 2022
Docket Number: 21-1420

Justia Opinion Summary: Petitioner petitioned the United States Tax Court to redetermine her income tax deficiency after the Commissioner of Internal Revenue concluded that she was subject to a 10-percent exaction under 26 U.S.C. Section 72(t)…

United States v. Greebel  
Date: August 24, 2022
Docket Number: 21-993

Justia Opinion Summary: Defendant was convicted of conspiracy to commit wire fraud and conspiracy to commit securities fraud and ordered to pay restitution. The district court granted the Government’s application for writs of garnishment…

V&A Collection, LLC v. Guzzini Properties Ltd  
Date: August 23, 2022
Docket Number: 21-664

Justia Opinion Summary: Art dealer Inigo Philbrick sold V&A Collection, LLC an ownership interest in artwork by Wade Guyton (the “Guyton”). In a second transaction, made without V&A’s knowledge or participation, Guzzini Properties Ltd.…

New York State Nurses Association Benefits Fund v. The Nyack Hospital  
Date: August 19, 2022
Docket Number: 20-378

Justia Opinion Summary: The case concerned the scope of the audit authority of a multi-employer employee benefit fund covered by the Employee Retirement Income Security Act (“ERISA”). The New York State Nurses Association Benefit Fund (the…

Shara v. Maine-Endwell Cent. Sch. Dist.,  
Date: August 18, 2022
Docket Number: 20-2068

Justia Opinion Summary: Plaintiff a former bus driver for Defendant Maine-Endwell Central School District (the “School District”), appealed the dismissal of his complaint by the district court. Plaintiff contends that the School District…

McCray v. Capra  
Date: August 17, 2022
Docket Number: 18-2336

Justia Opinion Summary: Petitioner appealed the district court’s judgment denying his petition for a writ of habeas corpus under 28 U.S.C. Section 2254, following his conviction in New York state court for first-degree rape. Petitioner argued…

Belya v. Kapral, et al.  
Date: August 17, 2022
Docket Number: 21-1498

Justia Opinion Summary: Plaintiff sued Defendants -- individuals and entities affiliated with the Russian Orthodox Church Outside Russia ("ROCOR" and, collectively, "Defendants") -- for defamation, contending that they defamed him when they…

Walker v. Schult  
Date: August 16, 2022
Docket Number: 20-2415

Justia Opinion Summary: Defendants, federal prison officials, appealed a district court’s judgment awarding former prisoner $20,000 for mental and emotional injury requesting damages pursuant to Bivens v. Six Unknown Named Agents of Federal…

American Oversight v. U.S. Dep't of Just.  
Date: August 16, 2022
Docket Number: 21-1266

Justia Opinion Summary: Plaintiff filed a Freedom of Information Act (“FOIA”)  lawsuit seeking to compel Defendants to produce notes and memoranda memorializing interviews conducted by federal prosecutors and law enforcement agents in the…

ExxonMobil Oil Corporation v. TIG Insurance Company  
Date: August 12, 2022
Docket Number: 20-1946

Justia Opinion Summary: TIG Insurance Company (“TIG”) appeals from a judgment and order of the district court. TIG asserts that Judge Ramos erred in ordering it to arbitrate a coverage dispute with ExxonMobil Oil Corporation (“Exxon”). Even if…

Williams v. MTA Bus Co.  
Date: August 12, 2022
Docket Number: 20-2985

Justia Opinion Summary: The case concerns the extent of an employer’s obligation to provide accommodations to a job applicant with a disability under section 504 of the Rehabilitation Act of 1973 (incorporating the standard set forth in Title I…

United States v. Hoskins  
Date: August 12, 2022
Docket Number: 20-842

Justia Opinion Summary: The American subsidiary of Alstom Power, Inc. (“API”), a global power and transportation services company, hired two consultants to bribe Indonesian officials to help secure a $118 million power contract. Defendant, who…

Christine Levinson et al. v. Kuwait Finance House (Malaysia) Berhad  
Date: August 11, 2022
Docket Number: 21-2043

Justia Opinion Summary: Appellees hold a Foreign Sovereign Immunities Act of 1976 (FSIA) judgment against the Islamic Republic of Iran. Based on that judgment, Appellees moved for a writ of execution against the assets of Kuwait Finance House…

United States v. Sainfil  
Date: August 10, 2022
Docket Number: 20-778

Justia Opinion Summary: A jury convicted Defendant of conspiracy to commit armed bank robbery; armed bank robbery; and brandishing a firearm during a crime of violence. He was sentenced to 219 months in prison. Defendant appealed, challenging…

Glover v. Bausch & Lomb, Inc.  
Date: August 8, 2022
Docket Number: 20-1156

Justia Opinion Summary: Plaintiffs appealed from a district court judgment dismissing, as preempted by the federal Food, Drug, and Cosmetic Act (“FDCA”), their claims under the Connecticut Product Liability Act (“CPLA”) for injuries caused by a…

Village Green at Sayville, LLC v. Town of Islip et al.  
Date: August 5, 2022
Docket Number: 19-3353

Justia Opinion Summary: Village Green at Sayville, LLC sued the Town of Islip, its Town Board, its Planning Board, and the members of the Town and Planning Boards, alleging that a pattern of racial, ethnic, and national origin discrimination by…

Chen v. Garland  
Date: August 5, 2022
Docket Number: 19-4162

Justia Opinion Summary: Petitioner petitioned for the court’s review of the Board of Immigration Appeal’s (BIA) denial of his motion to reopen his removal proceedings. According to Petitioner, the BIA erred in finding his motion to be…

United States v. Jenkins  
Date: August 5, 2022
Docket Number: 19-610

Justia Opinion Summary: Three Defendants (“Defendant 1” “Defendant 2” and “Defendant 3” collectively “Defendants”) were convicted of firearms, narcotics, and racketeering offenses following a jury trial at which Defendant 1 and Defendant 2…

Seife v. FDA, et al.  
Date: August 5, 2022
Docket Number: 20-4072

Justia Opinion Summary: After the district court granted summary judgment in favor of two government agencies and a pharmaceutical company in this Freedom of Information Act ("FOIA") case. Plaintiff, a science writer and journalism professor,…

Murray v. UBS Securities  
Date: August 5, 2022
Docket Number: 20-4202

Justia Opinion Summary: Plaintiff claimed that UBS Securities, LLC and UBS AG (together “UBS”) fired him in retaliation for reporting alleged fraud on shareholders to his supervisor. Plaintiff sued UBS under the whistleblower protection…

Lawyers' Committee v. Garland  
Date: August 5, 2022
Docket Number: 21-1338

Justia Opinion Summary: Plaintiffs submitted a petition to the United States Attorney’s Office for the Southern District of New York that contained information related to the September 11, 2001 attacks and requested that the Office present the…

Iraq Telecom Ltd. v. IBL Bank S.A.L.  
Date: August 5, 2022
Docket Number: 22-540

Justia Opinion Summary: In an appeal from a district court ruling reducing an order of attachment in aid of arbitration. The district court had initially granted an ex parte order in favor of Petitioner, an Iraqi cell phone company (“Telecom”),…

Miller v. Brightstar Asia, Ltd.  
Date: August 3, 2022
Docket Number: 21-2301

Justia Opinion Summary: Plaintiff appealed the dismissal of his direct suit against Defendant Brightstar Asia, Ltd. In connection with the sale of his company, Harvestar, to Brightstar Asia, Plaintiff entered into a contract with Brightstar…

United States v. Jones  
Date: August 1, 2022
Docket Number: 20-3009

Justia Opinion Summary: Defendant was indicted for knowingly producing child pornography in violation of federal law. He moved to suppress evidence gathered from his electronic devices, arguing that the government’s search warrants lacked…

Yoo v. United States  
Date: August 1, 2022
Docket Number: 21-2755

Justia Opinion Summary: Petitioner appealed from a district court judgment denying his petition for writ of habeas corpus in connection with an extradition proceeding. Petitioner argued that the text of the relevant extradition treaty and its…

Raja v. Burns  
Date: August 1, 2022
Docket Number: 21-945

Justia Opinion Summary: Plaintiff appealed from a district court’s order awarding him attorney’s fees under 42 U.S.C. Section 1988 in an amount substantially less than he sought. After Plaintiff prevailed against the City of New York on the…

Jang v. Garland  
Date: July 29, 2022
Docket Number: 19-4289

Justia Opinion Summary: Petitioner a native and citizen of South Korea, sought review of a Board of Immigration Appeals  (BIA) decision affirming an Immigration Judge’s denial of Petitioner’s application for cancellation of removal. The BIA…

Goe v. Zucker  
Date: July 29, 2022
Docket Number: 21-0537

Justia Opinion Summary: Plaintiffs are several parents suing on behalf of themselves and their children, whose requests for medical exemptions from the school immunization requirements were largely denied. They brought this action below against…

Gasson v. Premier Capital, LLC  
Date: July 29, 2022
Docket Number: 21-1063

Justia Opinion Summary: Appellant appealed from a judgment of the district court affirming an order of the bankruptcy court denying the Appellant’s statutory discharge under 11 U.S.C. Section 727(a)(2). Appellant argued that the bankruptcy…

Int'l Code Council v. UpCodes  
Date: July 29, 2022
Docket Number: 21-826

Justia Opinion Summary: International Code Council, Inc. ("ICC"), a nonprofit organization that develops model building codes and standards, sued a for-profit competitor, UpCodes, Inc., for false advertising and false statements in violation of…

United States v. Rivera  
Date: July 28, 2022
Docket Number: 17-59

Justia Opinion Summary: Defendant appealed his conviction following a jury trial in district court in which he was found guilty of racketeering, murder in aid of racketeering, various narcotics offenses, interstate prostitution, and sex…

Daou v. BLC Bank, S.A.L.  
Date: July 28, 2022
Docket Number: 21-1085

Justia Opinion Summary: Plaintiffs appealed a district court judgment dismissing their action against Defendants-Appellees BLC Bank, S.A.L. (“BLC”), Credit Libanais, S.A.L. (“CL”), AlMawarid Bank, S.A.L. (“AM”), and Banque du Liban (“BDL”) for…

Picard v. Magliano  
Date: July 27, 2022
Docket Number: 20-3161

Justia Opinion Summary: Defendant, represented by New York’s Attorney General, appealed from a district court judgment holding that New York Penal Law Section 215.50(7), which prohibits certain speech within a 200 feet radius of a courthouse,…

Mochary v. Bergstein  
Date: July 27, 2022
Docket Number: 21-1972

Justia Opinion Summary: Plaintiff appealed from a judgment of the district court dismissing on abstention grounds his complaint asserting claims of replevin, conversion, and statutory theft relating to a Jackson Pollock collage. On appeal,…

Pfizer, Inc. v. HHS  
Date: July 25, 2022
Docket Number: 21-2764

Justia Opinion Summary: Plaintiff Pfizer, Inc. brought an action in the United States District Court for the Southern District of New York under the Administrative Procedure Act, 5 U.S.C. Section 706(2), challenging an advisory opinion issued…

RiseandShine Corporation v. PepsiCo, Inc.  
Date: July 22, 2022
Docket Number: 21-2786

Justia Opinion Summary: In a trademark dispute under the Lanham Act, 15 U.S.C. sections 1114, 1125(a), and New York’s law of trademark and unfair competition, PepsiCo, Inc., the Defendant, which marketed a canned energy drink under the mark…

United States of America v. Chappelle  
Date: July 21, 2022
Docket Number: 20-3835

Justia Opinion Summary: Defendant was convicted of conspiracy to commit Hobbs Act robbery. Application Note 1 to Section 4B1.2 provides that, among other things, a conspiracy to commit a crime of violence is itself a crime of violence. The…

Hong v. Securities and Exchange Commission  
Date: July 21, 2022
Docket Number: 21-529

Justia Opinion Summary: Petitioner worked at a subsidiary of the Royal Bank of Scotland Group PLC (“RBS” or “the Bank”) for six weeks in the fall of 2007 before resigning, prompted by what he believed to be unlawful practices engaged in by the…

Gamma Traders - I LLC v. Merrill Lynch Commodities, Inc.  
Date: July 20, 2022
Docket Number: 21-853

Justia Opinion Summary: Plaintiffs brought a suit under the Commodity Exchange Act (CEA), alleging that the Defendants engaged in fraudulent trading tactics – to Plaintiffs’ detriment – in markets for precious metals. The district court granted…

Ojeda v. MTA  
Date: July 19, 2022
Docket Number: 20-2768

Justia Opinion Summary: Plaintiff, a police officer for the Metropolitan Transportation Authority (“MTA”), sued the MTA under the Federal Employers’ Liability Act (“FELA”), alleging that the MTA negligently failed to provide him with a safe…

SEC v. Rio Tinto  
Date: July 15, 2022
Docket Number: 21-2042

Justia Opinion Summary: The Securities and Exchange Commission (“SEC”) brought scheme liability claims in a 2017 enforcement action against Rio Tinto plc, Rio Tinto Limited, and its CEO and CFO, pursuant to Rule 10b-5(a) and (c), promulgated…

Esso Expl. and Prod. Nigeria Ltd. v. Nigerian Nat'l Petroleum Corp.  
Date: July 8, 2022
Docket Number: 19-3159

Justia Opinion Summary: Esso Exploration and Production Nigeria Limited, (“Esso”) the Nigerian subsidiary of an international oil corporation, asked federal courts in the United States to enforce an arbitral award of $1.8 billion, plus…

Behar v. Dep't of Homeland Sec.  
Date: July 8, 2022
Docket Number: 20-3253

Justia Opinion Summary: Defendant-Appellant U.S. Department of Homeland Security (“DHS”) appealed the judgment of the district court ordering the U.S. Secret Service, a component of DHS, to release certain records that Plaintiff-Appellee…

In re: Eileen Fogarty  
Date: July 6, 2022
Docket Number: 20-2187

Justia Opinion Summary: Appellee held a 99% interest in 72 Grandview LLC, which in turn owned a residential property that Appellee occupied as her primary residence. Appellant Bayview Loan Servicing LLC  (“Bayview”) initiated a foreclosure…

Am. Plan Adm'rs v. S. Broward Hosp. Dist.  
Date: July 6, 2022
Docket Number: 22-37

Justia Opinion Summary: Appellant American Plan Administrators (“APA”) appealed an order transferring to the Southern District of Florida its motion to quash a third-party subpoena. Appellee South Broward Hospital District (“South Broward”),…

United States v. Pikus  
Date: June 30, 2022
Docket Number: 20-3080

Justia Opinion Summary: After a three-and-a-half-year delay, a jury convicted Appellant of conspiring to launder the proceeds generated by a network of Brooklyn medical clinics. Appellant appealed his conviction and sentence. He argued that the…

Zepeda-Lopez, et al. v. Garland  
Date: June 28, 2022
Docket Number: 19-145

Justia Opinion Summary: Petitioners sought review of a December 14, 2018, decision of the Board of Immigration Appeals (the "BIA") affirming a decision of an Immigration Judge (the "IJ") denying asylum, withholding of removal, and relief under…

Gunsalus v. County of Ontario  
Date: June 27, 2022
Docket Number: 20-3865

Justia Opinion Summary: Plaintiffs owned a home in Ontario County, New York. Following foreclosure, the couple filed for protection under Chapter 13 of the Bankruptcy Code and filed a complaint seeking to avoid the loss of their home on the…

United States v. Hawkins  
Date: June 23, 2022
Docket Number: 21-836

Justia Opinion Summary: Police received reports of a gunshot fired from the roof of a building. Officers responded to the scene within two minutes, at which point they observed Defendants exiting a building. While officers were not sure which…

United States v. Donziger  
Date: June 22, 2022
Docket Number: 21-2486

Justia Opinion Summary: Defendant was convicted of six counts of criminal contempt for repeatedly defying court orders, for which he was sentenced to six months’ imprisonment. He challenges the conviction, arguing that the district court’s…

Bainbridge Fund Ltd. v. The Republic of Argentina  
Date: June 22, 2022
Docket Number: 21-37

Justia Opinion Summary: Plaintiff Bainbridge Fund Ltd. is the beneficial owner of bonds issued by the Republic of Argentina. Argentina defaulted on these bonds back in 2001, but Bainbridge didn’t sue to recover them until 2016. The district…

United States v. Capelli  
Date: June 21, 2022
Docket Number: 19-4362

Justia Opinion Summary: Defendant was convicted of possessing marijuana with intent to distribute, and of conspiracy to distribute and possess with intent to distribute, 100 kilograms or more of marijuana following a jury trial.   On appeal,…

Stone v. United States  
Date: June 21, 2022
Docket Number: 20-1778

Justia Opinion Summary: Petitioner was convicted of (1) conspiracy to commit second-degree murder in aid of racketeering, (2) second-degree murder in aid of racketeering, and (3) using a firearm during and in relation to a crime of violence, in…

Sabir v. Williams  
Date: June 17, 2022
Docket Number: 19-3575

Justia Opinion Summary: Plaintiffs are practicing Muslims who believe that they are required under the precepts of their religion to perform five daily congregational prayers with as many other Muslims as are available and wish to participate.…

Guan v. City of New York  
Date: June 17, 2022
Docket Number: 20-4002

Justia Opinion Summary: Following a disturbance at a hospital, two New York City police officers arrested Plaintiff and transported her to another hospital for a psychiatric evaluation. Plaintiff asserted false arrest claims, alleging that the…

United States v. Wynn  
Date: June 15, 2022
Docket Number: 20-2655

Justia Opinion Summary: Defendant was convicted, pursuant to a guilty plea, of conspiracy to engage in a pattern of racketeering activity, in violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”).  The charge was based on…

United States v. Orena  
Date: June 15, 2022
Docket Number: 21-2747

Justia Opinion Summary: Defendant filed his compassionate release motion after exhausting his administrative remedies. The Government conceded that Defendant’s medical conditions arguably met the threshold requirement of an extraordinary and…

Donnelly v. CARRP  
Date: June 14, 2022
Docket Number: 20-4243

Justia Opinion Summary: Petitioner filed an application for naturalization with the United States Citizenship and Immigration Services (“USCIS”). His application was denied when USCIS determined that he was ineligible for naturalization.…

Leroy v. Delta Air Lines, Inc.  
Date: June 9, 2022
Docket Number: 21-267

Justia Opinion Summary: Plaintiff worked as a flight attendant for Delta Air Lines. She alleged that, while working on an airplane, she heard a passenger refer to her using a racist remark and reported the passenger’s remark to the pilot. The…

United States v. Pastore  
Date: June 8, 2022
Docket Number: 18-2482

Justia Opinion Summary: Defendant appealed the district court’s judgment of conviction on charges including racketeering conspiracy, in violation of the Racketeer-Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. Section 1962(d) and…

Saeli v. Chautauqua County  
Date: June 8, 2022
Docket Number: 20-2340

Justia Opinion Summary: Plaintiff appealed from the district court’s ruling granting summary judgment on all claims to Defendants-Appellees Chautauqua County (“the County”) and Correction Officers (“the Officers”) in this civil rights suit…

Al-'Owhali v. United States  
Date: June 8, 2022
Docket Number: 20-3174

Justia Opinion Summary: Petitioner participated in the bombings of American embassies in Africa. The attacks killed 224 people. In 2001, he was convicted of 266 counts and sentenced to 264 concurrent life terms of imprisonment, to be followed…

United States v. Castillo  
Date: June 8, 2022
Docket Number: 21-527

Justia Opinion Summary: Defendant was sentenced to a 40- month term of imprisonment for being a felon in possession of a firearm, in violation of 18 U.S.C. Section 922(g)(1). In calculating Defendant's advisory sentencing range under the United…

McQuillin v. Hartford Life and Accident Insurance Co.  
Date: June 7, 2022
Docket Number: 21-1514

Justia Opinion Summary: Plaintiff appealed the dismissal of his lawsuit seeking long-term disability benefits under the Employee Retirement Income Security Act of 1974 (“ERISA”) from Hartford Life and Accident Insurance Company. The district…

United States v. Leroux  
Date: June 3, 2022
Docket Number: 20-2184

Justia Opinion Summary: Defendant was arrested for various federal crimes based on his participation in a global crime ring. Before his sentencing hearing, the Covid-19 pandemic hit the United States, closing down courts. Eventually, and with…

Vengalattore v. Cornell University  
Date: June 2, 2022
Docket Number: 20-1514

Justia Opinion Summary: A former faculty member appealed the district court’s judgment dismissing (A) claims against the university principally for violation of his right to due process, and for gender and national origin discrimination in…

Calcano v. Swarovski N. Am. Ltd.  
Date: June 2, 2022
Docket Number: 20-1552

Justia Opinion Summary: The appeal involved involves five lawsuits in which visually impaired Plaintiffs sued Defendant stores under the Americans with Disabilities Act (“ADA”) for failing to carry braille gift cards. The complaints alleged…

Conn. State Police Union v. Rovella  
Date: June 2, 2022
Docket Number: 20-3530

Justia Opinion Summary: Connecticut State Police Union (“CSPU”) brought suit against the Commissioner of Connecticut’s Department of Emergency Services and Public Protection (the “Commissioner”), alleging that the FOIA-related portions of the…

Koral v. Alsou Saunders, Est. of Gregg Saunders  
Date: May 31, 2022
Docket Number: 20-3663

Justia Opinion Summary: Plaintiff brought suit against the Estate of her ex-husband and against his widow individually and as administratrix of the Estate, claiming that her ex-husband misrepresented the value of his real estate investments…

A&B Alternative Mktg. Inc. v. Int'l Quality Fruit Inc., et al.  
Date: May 31, 2022
Docket Number: 21-542

Justia Opinion Summary: Plaintiff A&B Alternative Marketing Inc. (“A&B”) filed a Complaint against Defendants, International Quality Fruit Inc. (“IQF”), H&A International Fruit 14 Corp. (“H&A”), and others alleging violations of the Perishable…

Barrows v. Brinker Restaurant Corporation  
Date: May 31, 2022
Docket Number: 21-606

Justia Opinion Summary: Plaintiff, sued her former employer, alleging a variety of employment law violations. Defendant moved to dismiss her suit and to compel arbitration. Defendant supported the motion by presenting an arbitration agreement…

Noto v. 22nd Century Grp.  
Date: May 24, 2022
Docket Number: 21-0347

Justia Opinion Summary: Plaintiffs, investors in 22nd Century Group, alleged on behalf of an investor class that (1) Defendants engaged in an illegal stock promotion scheme in which they paid authors to write promotional articles about the…

El Omari v. The International Criminal Police Organization  
Date: May 24, 2022
Docket Number: 21-1458

Justia Opinion Summary: Plaintiff filed an action against the International Criminal Police Organization (“Interpol”), charging negligent infliction of emotional distress and violation of his right to due process of law under the New York State…

In re: DiBattista  
Date: May 17, 2022
Docket Number: 20-4067

Justia Opinion Summary: Appellant, a law firm, challenged the district court’s order affirming the bankruptcy court’s denial of the firm’s request for appellate attorneys’ fees. The bankruptcy court determined that it lacked the authority to…

United States v. Peguero  
Date: May 13, 2022
Docket Number: 20-3798

Justia Opinion Summary: Defendant appealed the district court’s judgment revoking his term of supervised release and sentencing him to a total term of 28 months imprisonment for violations of multiple conditions of his supervised release. On…

Juzumas v. Nassau County  
Date: May 12, 2022
Docket Number: 20-0086

Justia Opinion Summary: Plaintiff sued Nassau County (the “County”) and five “John Doe” law enforcement officers (the County and the individuals together, “Defendants”) for alleged constitutional violations arising from their enforcement of New…

Dalla-Longa v. Magnetar Capital LLC  
Date: May 12, 2022
Docket Number: 20-2978

Justia Opinion Summary: Petitioner appealed the district court's order entered dismissing his petition to vacate an arbitration award. The Federal Arbitration Act ("FAA") requires that notice of a motion to vacate an arbitration award be served…

Jang v. Garland  
Date: May 9, 2022
Docket Number: 19-4289

Justia Opinion Summary: Petitioner sought review of a Board of Immigration Appeals (“BIA”) decision finding her ineligible for cancellation of removal because of her 2014 New York conviction for attempted second-degree money laundering.…

IJK Palm LLC v. Anholt Services USA, Inc. et al.  
Date: May 6, 2022
Docket Number: 20-3963

Justia Opinion Summary: Movant, IJK Palm LLC filed a motion in the district court seeking discovery under 28 U.S.C. Section 1782 from several companies and individuals for use in a suit it intended to file in the Cayman Islands. After IJK filed…

Bissonnette v. LePage Bakeries  
Date: May 5, 2022
Docket Number: 20-1681

Justia Opinion Summary: Plaintiffs, who deliver baked goods in designated territories in Connecticut, brought an action on behalf of a putative class against the manufacturer of the baked goods that Plaintiffs deliver. The district court…

Jordan v. Lamanna  
Date: May 5, 2022
Docket Number: 20-3317

Justia Opinion Summary: Petitioner was convicted of manslaughter for administering a fatal dose of prescription medication to her son. The courtroom was closed to spectators for fifteen minutes, during which the prosecutor addressed a website…

Alvarez v. Garland  
Date: May 5, 2022
Docket Number: 22-6021

Justia Opinion Summary: Petitioner challenged an order of removal based on his violation of a court protection order and moved for leave to proceed in forma pauperis, appointment of counsel, and a stay of removal. Respondent, in turn, moved to…

Peretti v. Authentic Brands Group, LLC  
Date: May 4, 2022
Docket Number: 21-2174

Justia Opinion Summary: Appellants, heirs to the late songwriter and record producer Hugo Peretti, appealed from the district court’s order dismissing Appellants’ action, which sought a declaratory judgment that Appellants had validly…

United States v. Aiyer  
Date: May 2, 2022
Docket Number: 20-3594

Justia Opinion Summary: Defendant appealed a judgment entered in district court following a jury trial, convicting him of conspiracy to restrain trade in violation of Section 1 of the Sherman Act. On appeal, Defendant argued that the district…

Donohue v. The State of New York  
Date: April 27, 2022
Docket Number: 18-3193

Justia Opinion Summary: Plaintiffs the Civil Service Employees Association (“CSEA”) and certain of its officers and retired former members (collectively, “the CSEA Plaintiffs”) brought a breach of contract action and unconstitutional impairment…

Bhaktibhai-Patel v. Garland  
Date: April 27, 2022
Docket Number: 19-2565

Justia Opinion Summary: Petitioner petitioned for review of an immigration officer’s decision to reinstate a prior order of removal against him and for review of an immigration judge’s subsequent decision that he does not qualify to pursue…

United States v. Laurent  
Date: April 26, 2022
Docket Number: 15-3807

Justia Opinion Summary: Defendants appeal from judgments of the district court convicting them of crimes arising from their participation in a street gang known as the Six Tre Outlaw Gangsta Disciples Folk Nation. All three were convicted of…

Murray v. Noeth  
Date: April 26, 2022
Docket Number: 20-3136

Justia Opinion Summary: Petitioner was convicted of second-degree murder and other offenses in New York state court. During jury selection, Petitioner’s lawyer exercised peremptory strikes against two male jurors, but the prosecutor raised a…

Murphy v. Inst. of Int'l Educ.  
Date: April 26, 2022
Docket Number: 20-3632

Justia Opinion Summary: Plaintiff sued her employer, the Institute of International Education, for discrimination in violation of federal, state, and local, employment law. The district court referred the matter to New York’s mediation program…

Cornelio v. Connecticut  
Date: April 26, 2022
Docket Number: 20-4106

Justia Opinion Summary: Plaintiff filed a federal action against the State of Connecticut, a colonel in his official capacity, and a retired detective in her individual capacity, alleging three constitutional claims under 42 U.S.C. Sec. 1983.…

Villiers v. Decker  
Date: April 25, 2022
Docket Number: 20-3437

Justia Opinion Summary: During the height of the COVID-19 public health crisis, the United States District Court for the Southern District of New York Judge issued a preliminary injunction principally requiring the United States Immigration &…

Jacqueline Fisher v. Aetna Life Insurance Company  
Date: April 22, 2022
Docket Number: 20-3148

Justia Opinion Summary: Plaintiff argued that the insurance contract between the parties was governed by a document provided on January 9, 2014, instead of February 19, 2014; that she is entitled to a judgment based on the insurance company’s…

U.S. v. Hunter et al.  
Date: April 20, 2022
Docket Number: 18-3074

Justia Opinion Summary: The court addressed Defendants' appeal of the District Court’s Rule 33 Order. On appeal, the court addressed the district court’s ruling that the information withheld by the prosecution was neither “suppressed” within…

Nunes v. Cable News Network, Inc.  
Date: April 14, 2022
Docket Number: 21-637

Justia Opinion Summary: Plaintiff sued Defendant Cable News Network, Inc. (“CNN”) for defamation and civil conspiracy in the United States District Court for the Eastern District of Virginia. The case was transferred to the Southern District of…

Aenergy, S.A. v. Republic of Angola  
Date: April 13, 2022
Docket Number: 21-1510

Justia Opinion Summary: Plaintiffs Aenergy, S.A., and Combined Cycle Power Plant Soyo, S.A. (together, “AE”), sued various Angolan Government entities (together, “Angola”), plus General Electric Co. and related entities (together, “GE”). AE…

United States v. Gershman  
Date: April 12, 2022
Docket Number: 20-30

Justia Opinion Summary: A jury convicted defendants for various offenses for their role in a crime syndicate. The court sentenced each defendant to 198 months’ imprisonment. On appeal, the defendants raised various arguments including…

Knight v. USCIS et al.  
Date: April 6, 2022
Docket Number: 20-3837

Justia Opinion Summary: Defendants-Appellants the United States Citizenship and Immigration Services (“USCIS”), the United States Department of State (“DOS”), and the United States Immigration and Customs Enforcement (“ICE”) appealed from three…

Schillo v. Saul  
Date: April 6, 2022
Docket Number: 20-3943

Justia Opinion Summary: Plaintiff filed a claim for Social Security benefits. In support of her disability claims, she presented the opinions of two of her treating physicians. After a hearing, an ALJ assigned partial weight to the treating…

Celestin v. Caribbean Air Mail, Inc.  
Date: March 31, 2022
Docket Number: 20-1412

Justia Opinion Summary: Plaintiffs filed a putative class action alleging that Haitian government officials and multinational corporations conspired to fix the prices of remittances and telephone calls from the United States to Haiti.…

United States v. Yalincak  
Date: March 29, 2022
Docket Number: 20-1540

Justia Opinion Summary: The Second Circuit held that the district court did not err in finding Defendant Ayfer has not yet satisfied her restitution obligation to W.A-M. The court also concluded that district courts may employ the hybrid…

Kakar v. United States Citizenship and Immigration Services  
Date: March 28, 2022
Docket Number: 20-1512

Justia Opinion Summary: Plaintiff challenged the USCIS's denial of his application for lawful permanent residence (LPR) as arbitrary and capricious under the Administrative Procedure Act (APA). The district court affirmed the denial under the…

Washington v. Napolitano  
Date: March 23, 2022
Docket Number: 20-455

Justia Opinion Summary: The Second Circuit affirmed the district court's denial of summary judgment as to absolute and qualified immunity in an action raising Fourth Amendment claims of false arrest and malicious prosecution brought pursuant to…

JN Contemporary Art LLC v. Phillips Auctioneers LLC  
Date: March 23, 2022
Docket Number: 21-32

Justia Opinion Summary: After Phillips invoked the force majeure clause to terminate its agreement to sell a Rudolf Stingel painting on behalf of JN based on COVID-19 nonessential business restrictions, JN filed suit for breach of contract,…

Olson v. Major League Baseball  
Date: March 21, 2022
Docket Number: 20-1831

Justia Opinion Summary: Plaintiffs, a putative class of fantasy sports players, filed suit alleging claims for fraudulent misrepresentations and omissions, negligent misrepresentations, violations of various state consumer protection laws, and…

Harty v. West Point Realty, Inc.  
Date: March 18, 2022
Docket Number: 20-2672

Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's complaint, alleging violations of regulations promulgated pursuant to the Americans with Disabilities Act of 1990 (ADA). Plaintiff, who uses a…

Cavanaugh v. Geballe  
Date: March 17, 2022
Docket Number: 21-571

Justia Opinion Summary: Plaintiff filed this federal action after a Connecticut probate court issued an order recognizing the validity of a state lien against plaintiff's interest in an estate. The district court applied the doctrine…

Cupete v. Garland  
Date: March 16, 2022
Docket Number: 20-3441

Justia Opinion Summary: The Second Circuit concluded that, under its precedents, there can be no doubt that a Notice to Appear that omits information regarding the time and date of the initial removal hearing is nevertheless adequate to vest…

Springfield Hospital, Inc. v. Guzman  
Date: March 16, 2022
Docket Number: 20-3902

Justia Opinion Summary: Springfield, debtors in bankruptcy who applied for and were denied Paycheck Protection Program (PPP) funds pursuant to the CARES Act solely due to their bankruptcy status, initiated this adversary proceeding in…

Exxon Mobil Corp. v. Healey  
Date: March 15, 2022
Docket Number: 18-1170

Justia Opinion Summary: Exxon appealed the dismissal of its complaint against the New York and Massachusetts Attorneys General, alleging that the states' investigations into Exxon's purportedly deceptive speech regarding climate change were…

Adar Bays, LLC v. GeneSYS ID, Inc.  
Date: March 15, 2022
Docket Number: 18-3023

Justia Opinion Summary: GenSys appealed the district court's grant of summary judgment in favor of Adar Bays, the holder of a Convertible Redeemable Note securing a loan to GeneSYS. The district court held that the Note's interest rate did not…

N.J. Carpenters Health Fund v. NovaStar Mortgage, Inc.  
Date: March 14, 2022
Docket Number: 19-763

Justia Opinion Summary: Objectors challenged the district court's judgment approving a class action settlement that includes Freddie Mac, with FHFA as its conservator, as a member of the plaintiff settlement class and enjoins FHFA from further…

Arkansas Public Employees Retirement System v. Bristol-Myers Squibb Co.  
Date: March 11, 2022
Docket Number: 20-3716

Justia Opinion Summary: The Second Circuit affirmed the district court's grant of Bristol-Myers's motion to dismiss for failure to state a claim in a securities class action brought by investors. This securities class action arose from a failed…

Anilao v. Spota  
Date: March 9, 2022
Docket Number: 19-3949

Justia Opinion Summary: Plaintiffs, ten nurses and their former attorney, filed claims under 42 U.S.C. 1983 as well as common law claims of false arrest and malicious prosecution under New York law against defendants, alleging that Defendants…

Felder v. United States Tennis Association  
Date: March 7, 2022
Docket Number: 19-1094

Justia Opinion Summary: Plaintiff filed suit alleging that the USTA discriminated and retaliated against him in violation of Title VII of the Civil Rights Act of 1964, and discriminatorily interfered with his employment contract with AJ Squared…

Payne v. City of New York  
Date: March 4, 2022
Docket Number: 21-1316

Justia Opinion Summary: The PBA appeals the district court's order denying its motion to intervene in the consolidated cases captioned In re New York City Policing During Summer 2020 Demonstrations, asserting interests in the litigation that it…

Khan v. Yale University  
Date: March 4, 2022
Docket Number: 21-95

Justia Opinion Summary: The Second Circuit certified the following questions to the Connecticut Supreme Court: 1. Under Connecticut law, can a proceeding before a nongovernment entity ever be deemed quasi-judicial for purposes of affording…

United States v. Afriyie  
Date: February 25, 2022
Docket Number: 20-2269

Justia Opinion Summary: The Mandatory Victims Restitution Act requires defendants convicted of certain crimes to reimburse their victims for “lost income and necessary child care, transportation, and other expenses incurred during participation…

United States v. Clenista  
Date: February 25, 2022
Docket Number: 21-273

Justia Opinion Summary: In 2016, Clenista, then on supervised release for another federal methamphetamine-distribution conviction pleaded guilty to conspiracy to distribute and possess with intent to distribute 500 or more grams of…

Fed. Republic of Nigeria v. VR Advisory Servs., Ltd.
Date: February 24, 2022
Docket Number: 20-3909
United States v. Zhong  
Date: February 23, 2022
Docket Number: 19-4110

Justia Opinion Summary: In connection with his leading role in a Chinese construction company in 2010-2016, Zhong was convicted of forced-labor conspiracy 18 U.S.C. 1594(b); forced labor, section 1589(a) and (b); concealing passports and…

Ferreiras v. Garland  
Date: February 17, 2022
Docket Number: 19-4111

Justia Opinion Summary: Ferreiras became a lawful permanent resident in 2011. On three separate occasions in 2017, he was convicted of New York petit larceny. Ferreiras was charged as removable as a noncitizen convicted of two or more crimes…

Soto v. Disney Severance Pay Plan  
Date: February 16, 2022
Docket Number: 20-4081

Justia Opinion Summary: Soto, a former Disney employee, alleged that Disney improperly denied her severance benefits upon her termination for physical illness that rendered her unable to work. Soto, a longtime employee had experienced a severe…

Ojo v. Garland  
Date: February 9, 2022
Docket Number: 19-3237

Justia Opinion Summary: The Second Circuit granted the petition for review and vacated the agency's denial of petitioner's claims for asylum, withholding of removal, and protection under the Convention Against Torture (CAT) because those…

United States v. Patterson  
Date: February 4, 2022
Docket Number: 19-4332

Justia Opinion Summary: At a gas station, police detained the vehicle that Patterson was driving because it fit the description of a car whose occupants had reportedly menaced a woman with a firearm in a nearby supermarket parking lot. They…

United States v. Sindzingre  
Date: February 3, 2022
Docket Number: 19-1698

Justia Opinion Summary: Defendant, a citizen and resident of France charged with violating the Commodity Exchange Act, appealed the district court's memorandum order applying the fugitive disentitlement doctrine and denying her motions to…

Reynolds v. Quiros  
Date: February 3, 2022
Docket Number: 20-1158

Justia Opinion Summary: Plaintiffs, seven inmates in Connecticut state prison facilities, filed suit against DOC alleging that the 2012 revised Administrative Directive, which limits access by inmates to pictorial sexually explicit materials,…

Federal Republic of Nigeria v. VR Advisory Services, Ltd.  
Date: February 3, 2022
Docket Number: 20-3909

Justia Opinion Summary: The Second Circuit vacated the district court's order vacating its earlier grant of Nigeria's application for discovery from VR under 28 U.S.C. 1782, holding that the district court's decision was based on an error of…

United States v. Overton  
Date: February 3, 2022
Docket Number: 21-76

Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for conspiracy to commit sex trafficking of a minor. The court held that acceptance of a guilty plea must be reviewed de novo. The court also concluded that although the…

American Civil Liberties Union v. Central Intelligence Agency  
Date: February 2, 2022
Docket Number: 18-2265

Justia Opinion Summary: The CIA appealed the district court's amended judgment ordering it to make public certain information contained in a draft summary of the CIA's former detention and interrogation program, as well as the transcript of…

United States v. McIntosh  
Date: January 31, 2022
Docket Number: 14-1908

Justia Opinion Summary: Defendant appeals issues arising from his 2017 amended judgment of conviction for Hobbs Act robbery and firearm offenses in the Southern District of New York. The Second Circuit affirmed the district court's judgment as…

Fields v. Kijakazi  
Date: January 28, 2022
Docket Number: 20-3760

Justia Opinion Summary: The Second Circuit reversed the district court's denial in part of the law firm's motion for attorney's fees in a Social Security disability case. The court held that for a court to find an attorney's agreed-upon…

United States v. Connolly  
Date: January 27, 2022
Docket Number: 19-3806

Justia Opinion Summary: The Second Circuit reversed defendants' convictions for wire fraud in violation of 18 U.S.C. 1343 and conspiracy to commit wire fraud and bank fraud in violation of 18 U.S.C. 1349, in connection with the London Interbank…

NY State Teamsters Conference Pension and Retirement Fund v. C&S Wholesale Grocers, Inc.  
Date: January 27, 2022
Docket Number: 20-1185

Justia Opinion Summary: The Second Circuit affirmed the district court's judgment in an action brought by the Fund against C&S Wholesale Grocers under the Employee Retirement Income Security Act (ERISA). The court held that the district court…

Ruesch v. Commissioner of Internal Revenue  
Date: January 27, 2022
Docket Number: 20-3493

Justia Opinion Summary: Under 26 U.S.C. 7345, if a court determines that a "seriously delinquent" certification was erroneous, it may order the Secretary of the Treasury to notify the Secretary of State of that fact. No other relief is…

Samake v. Thunder Lube, Inc.  
Date: January 27, 2022
Docket Number: 21-102

Justia Opinion Summary: The Second Circuit dismissed plaintiff's appeal of the district court's judgment deeming his Federal Rule of Civil Procedure 41(a)(1)(A)(i) notice of dismissal without prejudice withdrawn and compelling arbitration. The…

United States v. Beltran-Leyva (Guzman Loera)  
Date: January 25, 2022
Docket Number: 19-2239

Justia Opinion Summary: The Second Circuit affirmed the district court's judgment convicting defendant, known as "El Chapo," of conducting a continuing criminal enterprise (CCE), drug trafficking conspiracies, unlawful use of a firearm, and a…

Barrows v. Becerra  
Date: January 25, 2022
Docket Number: 20-1642

Justia Opinion Summary: Class members are Medicare Part A beneficiaries who are formally admitted to a hospital as "inpatients" before their subsequent reclassification as outpatients receiving "observation services." Plaintiffs filed suit…

JLM Couture, Inc. v. Gutman  
Date: January 25, 2022
Docket Number: 21-870

Justia Opinion Summary: Plaintiff, a bridal designer and social media influencer, appealed the district court's preliminary injunction (PI), based in part on an employment agreement between plaintiff and JLM, ordering plaintiff not to compete…

Triolo v. Nassau County  
Date: January 21, 2022
Docket Number: 19-4107

Justia Opinion Summary: Plaintiff filed suit against a detective with the Nassau County Police Department for false arrest under 42 U.S.C. 1983 and New York state law. Plaintiff also filed suit against Nassau County under the theory of…

Estle v. International Business Machines Corp.  
Date: January 20, 2022
Docket Number: 20-3372

Justia Opinion Summary: Plaintiffs, former IBM employees who entered into severance agreements in which they agreed not to join any collective actions against IBM, filed suit challenging the validity of those collective-action waivers, alleging…

Alix v. McKinsey & Co., Inc.  
Date: January 19, 2022
Docket Number: 20-2548

Justia Opinion Summary: The Second Circuit vacated the district court's dismissal of plaintiff's amended complaint against McKinsey and others under the Racketeer Influenced and Corrupt Organizations Act (RICO). The complaint alleged that…

Naimoli v. Ocwen Loan Servicing, LLC  
Date: January 7, 2022
Docket Number: 20-1683

Justia Opinion Summary: The Second Circuit reversed the district court's dismissal of plaintiff's claims under the Real Estate Settlement Procedures Act (RESPA), alleging that Ocwen's failure to record her mortgage instruments and its actions…

Bruce Katz, M.D., P.C., v. Focus Forward, LLC  
Date: January 6, 2022
Docket Number: 21-1224

Justia Opinion Summary: The Second Circuit concluded that an unsolicited faxed invitation to participate in a market research survey in exchange for money does not constitute an "unsolicited advertisement" under the Telephone Consumer…

Colgan v. Kijakazi  
Date: January 3, 2022
Docket Number: 20-3297

Justia Opinion Summary: Colgan, a teacher at a special education high school, attempted to break up a fight between students but either fell or was pushed into a wall, leading to serious injuries. Colgan’s injuries and symptoms persisted…