2023 Second Circuit US Court of Appeals Case Law

Justia Opinion Summary: In the case of Veronica-May Clark, an incarcerated transgender woman, against corrections officers who allegedly sexually assaulted her, the United States Court of Appeals for the Second Circuit affirmed the decision of…

Justia Opinion Summary: In a putative securities-fraud class action, Union Asset Management Holding AG and Teamsters Local 710 Pension Fund (the “Investors”), co-lead plaintiffs, alleged that Philip Morris International Inc. (“PMI”) and several…

Justia Opinion Summary: In this case, the United States Court of Appeals for the Second Circuit heard an appeal from Ezrasons, Inc., a company engaged in the garment trade, against The Travelers Indemnity Company. Ezrasons suffered a loss of…

Justia Opinion Summary: The United States Court of Appeals for the Second Circuit dismissed an interlocutory appeal from the City of New Haven and three of its police officers (collectively, "the City"), who sought to challenge the district…

Justia Opinion Summary: The United States Court of Appeals for the Second Circuit considered an appeal from a judgment of the United States District Court for the Southern District of New York, which dismissed a plaintiff's 2019 complaint…

Justia Opinion Summary: In 2011, Veronica-May Clark, an incarcerated transgender woman, was repeatedly sexually assaulted by corrections officer Thomas Hanley. More than seven years after the abuse, Clark filed a lawsuit against Hanley and…

Justia Opinion Summary: The United States Court of Appeals for the Second Circuit ruled that a group of non-transgender female athletes have legal standing to challenge a policy that allows transgender girls to compete in girls' high school…

Justia Opinion Summary: In the case under review, the plaintiff, Antonio Martinez, acting as executor of the estate of Naomi Gonzales, filed a lawsuit against Agway Energy Services, LLC, alleging breach of contract and violations of New York…

Justia Opinion Summary: In a defamation lawsuit brought by E. Jean Carroll against former President Donald Trump, the United States Court of Appeals for the Second Circuit ruled that presidential immunity can be waived and that Trump had waived…

Justia Opinion Summary: In this case, a joint venture between Watershed Ventures, LLC and Patrick M. McGrath failed, leading to bankruptcy and litigation. McGrath and two investment vehicles he controlled sought coverage from Watershed's…

Justia Opinion Summary: In Carpenter v. Allen, the United States Court of Appeals for the Second Circuit examined a case involving a dispute over the return of seized property following the completion of a criminal case. The plaintiff, Grist…

Justia Opinion Summary: The United States Court of Appeals for the Second Circuit affirmed the judgment of the United States District Court for the Southern District of New York in the case of a student, Brett Goldberg, against Pace University.…

Justia Opinion Summary: In the case before the United States Court of Appeals for the Second Circuit, Ateres Bais Yaakov Academy of Rockland (ABY) sued the Town of Clarkstown, George Hoehmann, CUPON Inc., and Citizens United to Protect Our…

Justia Opinion Summary: In a consolidated case before the United States Court of Appeals for the Second Circuit, the plaintiffs sought to challenge certain provisions of New York's Concealed Carry Improvement Act ("CCIA"). The CCIA regulates…

Justia Opinion Summary: The case involved a group of firearm and ammunition dealers and a business organization who appealed a decision by the United States District Court for the Northern District of New York. The appellants claimed that New…

Justia Opinion Summary: In a class action suit brought by George Mandala and Charles Barnett against NTT Data, Inc., the plaintiffs argued that NTT's policy of not hiring individuals with a felony conviction disproportionately impacted Black…

Justia Opinion Summary: The United States Court of Appeals for the Second Circuit heard an appeal from Robert J. Chaires, who was challenging the procedural and substantive reasonableness of his 120-month sentence handed down by the United…

Justia Opinion Summary: Anthony Christopher Mendonca was convicted by a jury in the United States District Court for the Eastern District of New York for one count of possession of child pornography. He appealed, arguing that his Sixth…

Justia Opinion Summary: In this case, the United States Court of Appeals for the Second Circuit reviewed the decision of the Board of Immigration Appeals (BIA) and the Immigration Judge (IJ) to deny asylum, withholding of removal, and…

Justia Opinion Summary: In the case between Vans, Inc., VF Outdoor, LLC (collectively "Vans") and MSCHF Product Studio, Inc. ("MSCHF"), the United States Court of Appeals For the Second Circuit affirmed the district court's decision to grant a…

Justia Opinion Summary: Defendants-Appellants Nuveen Floating Rate Income Fund, Nuveen Floating Rate Income Opportunity Fund, Nuveen Short Duration Credit Opportunities Fund, Nuveen Global High Income Fund, Nuveen Senior Income Fund, and their…

Justia Opinion Summary: The False Claims Act (“FCA”), 31 U.S.C. Sections 3729–32, provides that when a private person brings an action under the FCA on behalf of the federal government, the “complaint shall be filed in camera, shall remain…

Justia Opinion Summary: A jury convicted Defendant of one count of financial institution bribery in violation of Section 215(a)(2) and one count of conspiracy to commit financial institution bribery. The district court sentenced Defendant to a…

Justia Opinion Summary: Plaintiffs-appellants Marc Kirschner, as the Litigation Trustee for the Nine West Litigation Trust representing unsecured creditors, and Wilmington Savings Fund, FSB, as successor Indenture Trustee for various notes…

Justia Opinion Summary: Plaintiff, who was formerly incarcerated at Downstate Correctional Facility, brought claims under 42 U.S.C. Section 1983 against the officers for violating his First Amendment right to the free exercise of religion.…

Justia Opinion Summary: Plaintiff, in his capacity as Litigation Administrator of the post-confirmation estates (the “Litigation Administrator”) of Post-Confirmation Debtor Décor Holdings, Inc. (“Décor Holdings”), appeals the district court’s…

Justia Opinion Summary: After two United States Army pilots tragically perished in a helicopter crash, their surviving family members sued various companies responsible for the making of the helicopter. The family members alleged that…

Justia Opinion Summary: Petitioner appealed from the denial of his successive Section 2255 motion challenging his conviction and accompanying sentence for using or carrying a firearm in relation to a crime of violence in violation of 18 U.S.C.…

Justia Opinion Summary: Plaintiff brought an action alleging that he received constitutionally inadequate medical care as an inmate in the custody of the Connecticut Department of Correction. But before the district court could proceed with his…

Justia Opinion Summary: Plaintiff a practicing Baptist, was incarcerated in the Green Haven Correctional Facility from 2002 until 2018. After prison officials failed to update the Protestant services “call-out list,” Wiggins was excluded from…

Justia Opinion Summary: Plaintiff class participates in “403(b)” retirement plans administered by Cornell University (“Cornell”). Plaintiffs brought this suit against Cornell and its appointed fiduciaries alleging a number of breaches of their…

Justia Opinion Summary: Petitioner, a native and citizen of Mexico, seeks a review of an April 20, 2022, decision of the Board of Immigration Appeals (“BIA”) affirming a decision of an Immigration Judge (“IJ”) ordering her removal and denying…

Justia Opinion Summary: Plaintiff filed a putative shareholder class action complaint in New York State Supreme Court, alleging Maryland state law claims on behalf of himself and all similarly situated preferred stockholders of Cedar Realty…

Justia Opinion Summary: Defendant Klarna, Inc. ("Klarna") provides a "buy now, pay later" service that allows shoppers to buy a product and pay for it in four equal installments over time without incurring any interest or fees. Plaintiff paid…

Justia Opinion Summary: Defendant appealed a judgment of conviction entered by the district court convicting him on his plea of guilty to possession and receipt of child pornography, and (b)(1), and obstruction of justice under 18 U.S.C.…

Justia Opinion Summary: Defendant-Appellant Aron Govil engaged in several fraudulent securities offerings through his company, Cemtrex. Pursuant to a settlement agreement with Cemtrex, Govil agreed to pay back the proceeds of his fraud in part…

Justia Opinion Summary: Plaintiff appealed from a partial final judgment of the district court dismissing his Connecticut state law claims for defamation and tortious interference with contract against Defendant, who accused Plaintiff of sexual…

Justia Opinion Summary: Defendant challenged the procedural and substantive reasonableness of the forty-five-year sentence imposed by the district court following her guilty plea to one count of conspiracy to sexually exploit a child and two…

Justia Opinion Summary: This case presents the questions of what Defendant must prove to establish affirmative defenses to pay-discrimination claims under federal and state laws: the Equal Pay Act (“EPA”) and New York Labor Law Section 194(1).…

Justia Opinion Summary: Plaintiff alleged that he co-created the song “All the Way Up,” but that he has not been properly credited or compensated for his contribution. He filed this action in the district court asserting claims under the…

Justia Opinion Summary: Petitioners appealed from orders of the district court denying their petitions for habeas relief pursuant to 28 U.S.C. Section 2255, following their 2012 convictions for conspiracy to commit Hobbs Act robbery and use of…

Justia Opinion Summary: Catholic Health System of Long Island (“CHS”) brings this interlocutory appeal challenging the denial of its motion to dismiss a qui tam action brought by a former employee (“Relator”) on behalf of the United States and…

Justia Opinion Summary: The Plaintiffs, former employees of a high-end fashion retailer in New York, allege that their regularly scheduled workweek included more than forty hours per week of work. Plaintiffs claim that they were entitled to an…

Justia Opinion Summary: New York brought this action against the National Marine Fisheries Service—the federal agency responsible for the summer flounder fishery—and several related federal entities. New York argues the current quotas fail to…

Justia Opinion Summary: New York has a merit time allowance system in which prisoners serving indeterminate sentences for certain non-violent offenses can earn “merit time allowances” to reduce their minimum sentences by one-sixth. Plaintiff…

Justia Opinion Summary: Petitioner petitioned for review of a Board of Immigration Appeals (“BIA”) decision (1) affirming an Immigration Judge’s denial of his application for cancellation of removal and (2) denying his motion to remand. The BIA…

Justia Opinion Summary: Defendants Bank of New York Mellon Corporation, LLP and its subsidiary, The Bank of New York Mellon (collectively, “BNYM”), retained Plaintiff as an independent contractor to work on an investment valuation project.…

Justia Opinion Summary: While riding a bicycle, Plaintiff ran into an open car door being operated by a recruiter for the U.S. Marines. Plaintiff brought a claim for negligence against the United States, pursuant to the Federal Tort Claims Act.…

Justia Opinion Summary: Defendant appealed from the district court’s judgment of conviction on charges including attempted murder in aid of racketeering and possession of a firearm in furtherance of a crime of violence. Defendant argued that…

Justia Opinion Summary: Plaintiff filed a Chapter 13 bankruptcy petition. In her bankruptcy schedules, Plaintiff disclosed that she was the beneficiary of an annuity and claimed the annuity as exempt from the bankruptcy estate. The County…

Justia Opinion Summary: il”) in Connecticut state court, alleging that Exxon Mobil had engaged in a decades-long campaign of deception to knowingly mislead and deceive Connecticut consumers about the negative climatological effects of the…

Justia Opinion Summary: Defendant pleaded guilty to unlawful possession of a firearm and ammunition after previously having been convicted of a felony. The district court determined that Defendant’s recommended range of imprisonment under the…

Justia Opinion Summary: Plaintiff was sitting on a bus when police officers boarded the bus, removed him, and arrested him on a misdemeanor bench warrant. Plaintiff, then 67 years old, was a resident of the City of Elmira (the "City"), in…

Justia Opinion Summary: In the months following the 2020 presidential election, Defendant-Appellant threatened prominent elected officials in several posts on various social media platforms. A jury convicted Defendant of one count of…

Justia Opinion Summary: In January 2017, Defendant-Appellant Petróleos de Venezuela, S.A. (“PDVSA”), an oil company wholly owned by the Bolivarian Republic of Venezuela, entered into a Note Agreement with then-Plaintiff-Appellee Dresser-Rand…

Justia Opinion Summary: Defendant-Appellant Petróleos de Venezuela, S.A. (“PDVSA”), an oil company wholly owned by the Bolivarian Republic of Venezuela, entered into two Note Agreements and a Credit Agreement with the predecessor-in-interest to…

Justia Opinion Summary: Plaintiffs-appellants, nineteen children in New York City’s foster care system, filed suit alleging “systemic deficiencies” in the administration of the City’s foster care system in violation of federal and state law.…

Justia Opinion Summary: This case involves a dispute between two law firms, each of which claims the right to represent a Salvadoran company in its efforts to stave off a transnational judgment-collection effort. Specifically, the two firms are…

Justia Opinion Summary: Plaintiffs are two couples, both engaged to be married when they filed suit and a New York-based minister. Together, the individuals brought a constitutional challenge to state COVID-19 regulations that limited to fifty…

Justia Opinion Summary: Petitioner petitioned for review of a decision of the Board of Immigration Appeals affirming the finding that he is removable on the ground that he committed a crime involving moral turpitude for which “a sentence of one…

Justia Opinion Summary: Plaintiffs, a group of United States citizens injured during terror attacks in Israel and the estates or survivors of United States citizens killed in such attacks, brought an action against the Palestine Liberation…

Justia Opinion Summary: Plaintiffs, several family members of a United States citizen killed in an overseas terrorist attack, appealed from the district court’s judgment dismissing their claims against the Palestine Liberation Organization…

Justia Opinion Summary: Plaintiff, an African American woman, claims that her employer, defendant-appellee General Motors, LLC ("General Motors"), subjected her to a hostile work environment, race and sex discrimination, and retaliation at her…

Justia Opinion Summary: Plaintiff NexPoint holds $7.5 million in subordinated notes issued by Acis CLO-2015-6 Ltd. (the “Issuer”), as part of a CLO. The Issuer acquired the CLO collateral and conveyed it to a trust under an indenture between…

Justia Opinion Summary: Defendant was arrested in the Bronx after discharging a pistol. He was subsequently indicted for one count of being a felon in possession of a firearm, to which he pleaded guilty in April 2021. The government notified…

Justia Opinion Summary: This action concerns loans issued by Plaintiff, EMA Financial, LLC, to a group of companies that were controlled by Defendants. The loan agreements contained so-called “floating-price conversion option” provisions, which…

Justia Opinion Summary: Defendant appealed from a judgment of conviction entered in district court after a jury found him guilty of two counts of conspiracy to commit honest-services wire fraud (Counts Nine and Ten), and one count of…

Justia Opinion Summary: A school bus driver filed an action under 42 U.S.C. Section 1983 against two public-sector unions and her employer, the New Hartford Central School District, alleging that their continued deduction of union fees from her…

Justia Opinion Summary: Petitioner challenged his conviction for brandishing a firearm during and in relation to a crime of violence or drug trafficking crime. Petitioner argued that his firearms conviction cannot survive United States v.…

Justia Opinion Summary: Petitioner applied for asylum, withholding of removal, and protection under the Convention Against Torture. An immigration judge found Petitioner not credible and denied her application. Petitioner appealed to the Board…

Justia Opinion Summary: Defendant, a California licensed attorney, challenged (1) the sufficiency of the evidence supporting his conviction for transmitting extortionate communications in interstate commerce to sportswear leader Nike, attempted…

Justia Opinion Summary: Defendant appealed the district court’s judgment awarding damages to Plaintiff to recover funds Defendant received as the result of various alleged fraudulent transfers. The district court entered a default against…

Justia Opinion Summary: Appellant, an attorney, represented debtor in proceedings before the United States Bankruptcy Court. After Appellant failed to comply with a series of discovery orders, the bankruptcy court imposed sanctions of $55,000…

Justia Opinion Summary: Plaintiff, an adjunct professor of economics at SUNY Albany, alleged that his failure to advance within his department to his colleagues’ unfavorable view of the methodology he employs in his scholarship. Plaintiff filed…

Justia Opinion Summary: Defendants appealed from a judgment of the district court awarding the United States $112,324.18, plus statutory additions and interest, in connection with an unpaid tax assessment from 2007. The district court granted…

Justia Opinion Summary: Plaintiff RSD Leasing Inc., a company that leases and, eventually, resells trucks to other commercial entities, appealed from a district court decision, granting in relevant part summary judgment to Defendants Navistar…

Justia Opinion Summary: Around 1:00 a.m. on October 14, 2020, New York City Police Department (“NYPD”) officers drove by Defendant near a New York City Housing Authority (“NYCHA”) complex in the Bronx. Defendant was wearing a fanny pack across…

Justia Opinion Summary: Defendant challenged the district court’s application of a two-level enhancement under Section 2D1.1(b)(12) of the United States Sentencing Guidelines, which applies when a defendant has “maintained a premises for the…

Justia Opinion Summary: Plaintiff sued her employer, Defendant Montefiore Medical Center, and two of its employees, asserting claims of sexual harassment during and retaliatory discharge from her employment. Following the district court’s grant…

Justia Opinion Summary: Appellants-Cross-Appellees Konstantine W. Kyros and his law firm, Kyros Law P.C. (together, “Kyros”), appealed from a judgment imposing sanctions for litigation misconduct under Rules 11 and 37 of the Federal Rules of…

Justia Opinion Summary: Defendants appealed from their judgments of conviction. Following a five-week jury trial, Defendants-Appellants were convicted on counts of conspiracy to tamper with witnesses and obstruct an official proceeding,…

Justia Opinion Summary: In this collective action, a group of 2,519 EMTs and paramedics allege that their employer, the City of New York, willfully violated the Fair Labor Standards Act by requiring them to perform work before and after their…

Justia Opinion Summary: The plaintiffs in this case are American service members who were wounded, and the relatives of service members who were killed or wounded, in terrorist attacks carried out in Iraq from 2004 to 2011 by proxies of the…

Justia Opinion Summary: Plaintiff brought a series of claims in New York state court arising out of a syndicated loan transaction facilitated by Defendants, a group of financial institutions. Plaintiff’s appeal presents two issues. The first…

Justia Opinion Summary: Plaintiff, on behalf of herself and her deceased husband, brought claims under the Federal Tort Claims Act against the United States alleging that a U.S. Department of Veterans Affairs hospital negligently failed to…

Justia Opinion Summary: Plaintiff filed this nationwide class action on behalf of herself and others similarly situated after her personally identifying information (“PII”), including her name and Social Security number, which had been…

Justia Opinion Summary: Plaintiff was severely injured at work when a tank filled with compressed air exploded. Plaintiff brought common-law claims for strict liability and negligence against Tyco Fire Products, LP (“Tyco”), which sold the tank…

Justia Opinion Summary: The Appellants, investors in the securities of AmTrust Financial Services, Inc., appealed from a district court judgment dismissing their complaint for failure to state a claim under Sections 11, 12, and 15 of the…

Justia Opinion Summary: Defendant was convicted of, among other things, kidnapping and kidnapping conspiracy in violation of 18 U.S.C. Section 1201. Defendant argued on appeal that the victim’s detention was too brief to constitute kidnapping…

Justia Opinion Summary: Plaintiff-Appellant appealed from a district court order granting summary judgment to Defendants-Appellees on his claim under the Racketeer Influenced and Corrupt Organizations Act (“RICO”). On appeal, Appellant argued…

Justia Opinion Summary: Plaintiff-Appellant Douglas Horn appealed the district court’s order of the granting summary judgment to Defendants on his claim under the Racketeer Influenced and Corrupt Organizations Act (“RICO”). On appeal, Appellant…

Justia Opinion Summary: Plaintiff appealed the district court’s judgment granting summary judgment in favor of Defendants County of Suffolk, Suffolk County District Attorney’s Office Division Chief Edward Heilig, and Suffolk County District…

Justia Opinion Summary: Plaintiff painted two large murals directly onto the walls inside a building on the campus of Defendant-Appellee Vermont Law School, Inc. The work stirred controversy, which eventually prompted the law school to erect a…

Justia Opinion Summary: Objector-Appellant appealed from a district court judgment approving a settlement award, attorneys’ fee award, and incentive award in a class action lawsuit. Plaintiff-Appellee, on behalf of similarly situated…

Justia Opinion Summary: Petitioner is a former employee of International Business Machines Corporation (“IBM”) who signed a separation agreement requiring confidential arbitration of any claims arising from her termination. Petitioner…

Justia Opinion Summary: Petitioner appealed the denial of his habeas petition to vacate his 2006 guilty plea, conviction, and sentence. Defendant asserted that he received ineffective assistance of counsel because his lawyer did not warn him of…

Justia Opinion Summary: Appellants, American victims of terror attacks in Israel, appealed from the district court’s judgment dismissing their complaint for lack of in personam jurisdiction over Appellee Bank Saderat PLC, a bank associated with…

Justia Opinion Summary: Shareholders of Defendant-Appellant Goldman Sachs Group, Inc. brought this class action lawsuit against Goldman and several of its former executives, claiming defendants committed securities fraud in violation of Section…

Justia Opinion Summary: Defendant appealed the district court’s judgment revoking his original, three-year term of supervised release and sentencing him to three months imprisonment followed by a new, one-year term of supervised release for…

Justia Opinion Summary: Plaintiff appealed the district court’s judgment dismissing her claims of age, race, and gender discrimination and retaliation under the Age Discrimination in Employment Act, 29 U.S.C. Section 621 et seq., Title VII of…

Justia Opinion Summary: In 2005, a federal district court entered a permanent injunction against several pro-life advocates enjoining them from entering the public sidewalk within fifteen feet of the entrance of any abortion clinic in the…

Justia Opinion Summary: Plaintiffs are twenty-six former employees of International Business Machines Corporation (“IBM”) who signed separation agreements requiring them to arbitrate any claims arising from their termination by IBM. The…

Justia Opinion Summary: Plaintiffs appealed the district court’s judgment dismissing claims against Defendants, challenging Public Act 21-6, which revised the Connecticut General Statutes to repeal religious exemptions from state immunization…

Justia Opinion Summary: Defendant was twice sentenced for violating conditions of supervised release. The first time, he was sentenced to six months in prison plus four years of supervised release. The second time, he was sentenced to three…

Justia Opinion Summary: Police officers seized just over $8,000 in a search of Appellant’s home carried out as part of a drug trafficking investigation into her then-boyfriend, K.B. The local police turned over the funds to the U.S. Drug…

Justia Opinion Summary: Petitioners challenged he post-trial rulings of the United States Tax Court regarding their tax obligations for the 2004 tax year. Petitioners argued that the Tax Court erroneously concluded that (1) they filed a valid…

Justia Opinion Summary: Plaintiff Jane Doe alleged that for a period of seven years, she suffered sexual, physical, and psychological abuse at the hands of an Immigration and Customs Enforcement (ICE) officer. Four years after the alleged abuse…

Justia Opinion Summary: Plaintiff appealed the district court’s judgment dismissing for failure to state a claim his suit against Defendant-Appellee New York State Department of Corrections and Community Supervision (“DOCCS”) for attorneys’…

Justia Opinion Summary: Defendants Citigroup Inc. and Citibank, N.A. (collectively, “Citi”) appealed from the bankruptcy court’s order granting in part and denying in part Citi’s motion, pursuant to Federal Rule of Bankruptcy Procedure 7012, to…

Justia Opinion Summary: The Second Circuit vacated and remanded the district court’s ruling granting summary judgment for Defendants, a former Immigration and Customs Enforcement officer. Plaintiff, Jane Doe, alleged she was sexually and…

Justia Opinion Summary: Petitioners challenged the post-trial rulings of the United States Tax Court regarding their tax obligations for the 2004 tax year. Petitioners argued that the Tax Court erroneously concluded that (1) they filed a valid…

Justia Opinion Summary: Defendant pleaded guilty in district court to conspiracy to commit honest services wire fraud. Defendant’s underlying criminal conduct included facilitating a bribe that resulted in the Correction Officers’ Benevolent…

Justia Opinion Summary: Petitioner petitioned for review of an order of the Board of Immigration Appeals (BIA) affirming a decision of an Immigration Judge (IJ) that denied his applications for asylum, withholding of removal, and relief under…

Justia Opinion Summary: Plaintiff-Appellant FAT Brands Inc. alleged that Defendants engaged in a conspiracy to defraud Plaintiff by misleading it as to the source and certainty of deal funding. On appeal, FAT Brands Inc. argues that the…

Justia Opinion Summary: Plaintiff sued her brother, the executor of their father's estate, under the Racketeer Influenced and Corrupt Organizations Act. The district court held that Plaintiff's claims were barred by the Private Securities…

Justia Opinion Summary: Petitioner appealed from a district court judgment dismissing his to confirm an arbitral award. The court held that a forum selection 2 clause in the parties’ arbitration agreement required that any confirmation action…

Justia Opinion Summary: Niagara County’s Child Protective Services successfully petitioned in Niagara County Family Court to strip Plaintiff of her parental rights over her minor son. Plaintiff appealed the Family Court’s decision. While that…

Justia Opinion Summary: Plaintiff appealed the district court’s judgment in his Section 1983 suit arising from those portions of Plaintiff’s imprisonment that occurred as a result of an improper imposition of administrative post-release…

Justia Opinion Summary: Appellant motioned the Second Circuit to consider his pro se filing in addition to his counseled brief and to supplement the record. Appellant’s underlying appeal arises from the government’s dismissal, on May 8, 2019,…

Justia Opinion Summary: Plaintiffs, who operate small venue theaters in New York City, brought claims for declaratory and injunctive relief and nominal damages, alleging that the City’s Key to NYC program—which required certain indoor venues to…

Justia Opinion Summary: Appellant UPS Supply Chain Solutions, Inc. was sued in the Southern District of New York and filed a third-party complaint against Appellee EVA Airways Corporation, seeking indemnification and contribution. The district…

Justia Opinion Summary: Defendant appealed from the district court’s judgment of conviction after a jury found him guilty of racketeering conspiracy (Count One); murder in aid of racketeering (Count Two); and using a firearm during and in…

Justia Opinion Summary: Plaintiffs brought a First Amendment challenge to the City of Kingston’s prohibition against bringing signs and posters into public meetings of the Common Council held at Kingston City Hall. The City moved to dismiss,…

Justia Opinion Summary: Plaintiff brought a Section 1983 claim against prison officials for their conduct during an electrical fire at Sing Sing Correctional Facility. Meanwhile, the prison officials claim that Plaintiff received a denial but…

Justia Opinion Summary: Plaintiff leased a Subaru Forester in November 2018. Defendant Trans Union, LLC received certain information about the lease and reported that information on Sessa’s credit report. In particular, Trans Union reported…

Justia Opinion Summary: Defendants are the City of Niagara Falls ("Niagara Falls"), its water board, and various companies (collectively, "Defendants") tasked with remediation of hazardous waste disposal sites under the Comprehensive…

Justia Opinion Summary: Plaintiff, an inmate at the MacDougall-Walker Correctional Institution, sued pro se under 42 U.S.C. Section 1983, alleging that the defendants failed for years to provide him with adequate medical care for painful…

Justia Opinion Summary: Defendant was convicted on two counts of violating the Computer Fraud and Abuse Act. 18 U.S.C. On appeal, she argued that the government failed to prove that venue was proper in the Southern District of New York.   The…

Justia Opinion Summary: Twenty-eight individuals and businesses commenced this citizen suit under the Resource Conservation and Recovery Act (“RCRA”), which creates a private right of action against any entity that has “contributed . . . to the…

Justia Opinion Summary: Petitioner petitioned for review of a Board of Immigration Appeals (“BIA”) decision (1) affirming an Immigration Judge’s denial of his application for cancellation of removal and (2) denying his motion to remand. The BIA…

Justia Opinion Summary: Respondent is a former employee who won a judgment in Argentina's National Court of Labor Appeals against Citibank, N.A. Petitioner, the Argentinian branch of Citibank, N.A., filed a demand for arbitration with the…

Justia Opinion Summary: Respondent the State of Libya (“Libya”) appealed from a district court judgment granting Petitioner Olin Holdings Limited’s (“Olin”) petition to confirm an arbitration award issued under a bilateral investment treaty…

Justia Opinion Summary: Defendants were prosecuted under the Maritime Drug Law Enforcement Act (“MDLEA”) for conspiring to traffic drugs on the high seas using a stateless vessel. Before ultimately pleading guilty to the offense, Defendants…

Justia Opinion Summary: Third-Party Plaintiff Dynasty Healthcare, LLC, a medical billing firm, claimed that a Medicare Administrative Contractor (“MAC”) negligently processed and misclassified the enrollment and payment application of one of…

Justia Opinion Summary: Defendant pled guilty to drug trafficking in violation of 21 U.S.C. Sections 841 and 846 and concealment money laundering in violation of 18 U.S.C. Section 1956(a)(1)(B)(i). During his plea colloquy, speaking through a…

Justia Opinion Summary: On April 10, 2008, Petitioner was convicted of murder in the second degree and criminal possession of a weapon in the second degree by a New York state-court jury. The court sentenced him to concurrent indeterminate…

Justia Opinion Summary: Deltech Corp. (“Deltech”), a chemical manufacturer, joins here with Stolt-Nielsen USA, Inc., and Stolt Tank Containers B.V. (together, “Stolt”), a shipping concern, to challenge the district court’s determination that…

Justia Opinion Summary: Pakistani nationals and brothers petitioned for review of a Board of Immigration Appeals decision upholding orders denying them adjustment of status and directing their removal from the United States. Petitioners argued…

Justia Opinion Summary: Plaintiff, pro se and incarcerated, appealed from the dismissal of his 42 U.S.C. Section 1983 action. The district court dismissed his complaint, concluding that Plaintiff was barred from proceeding in forma pauperis…

Justia Opinion Summary: Defendant defrauded his former employer and its investors of some $65 million. He was indicted on unrelated insider trading charges, and a subsequent internal investigation revealed the full breadth of his wrongdoing.…

Justia Opinion Summary: Plaintiff Hughes Communications India Private Limited (“Hughes India”) appealed from a district court judgment dismissing its indemnification claims against The DirecTV Group, Inc. (“DirecTV”). The case arises out of an…

Justia Opinion Summary: Appellants in these tandem appeals are each a parent of a disabled child. Arguing that his or her child was entitled to benefits under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. Section 1415(i),…

Justia Opinion Summary: Petitioners filed successive habeas corpus petitions challenging their convictions and mandatory sentences imposed by the district court. The district court held that their substantive RICO convictions, on which their…

Justia Opinion Summary: Plaintiff, an aspiring sidewalk counselor, brought a First Amendment challenge to Westchester County’s recently enacted “bubble zone” law, which makes it illegal to approach within eight feet of another person for the…

Justia Opinion Summary: Petitioner sought a review of a decision of the Board of Immigration Appeals (“BIA”) dismissing her appeal, ordering her removed, and denying her application for cancellation of removal. The BIA ordered that she be…

Justia Opinion Summary: Plaintiffs-Appellants are American victims and the relatives and estates of victims of terrorist attacks in Israel between 2001 and 2003. Plaintiffs alleged that Palestine Investment Bank ("PIB") facilitated the attacks,…

Justia Opinion Summary: Magellan, a manufacturer of electronic nicotine delivery systems (“ENDS”) products, sought authorization from the FDA to market ENDS under the Family Smoking Prevention and Tobacco Control Act (the “TCA”). The FDA denied…

Justia Opinion Summary: Petitioner is a 32-year-old native and citizen of Jamaica who entered the United States in 2006 and overstayed his visitor visa. On December 20, 2017, Immigration and Customs Enforcement ("ICE") officers arrested…

Justia Opinion Summary: Defendant appealed from a judgment of conviction on multiple counts of substantive and conspiratorial Hobbs Act robbery and of the brandishing of a firearm during two crimes of violence (i.e., the charged robberies).…

Justia Opinion Summary: Defendant was indicted for possession with intent to distribute controlled substances after a search warrant was executed against his residence. The district court denied his motion to suppress the evidence law…

Justia Opinion Summary: Appellants appealed from a district court’s order reversing an order of the United States Bankruptcy Court confirming a Chapter 11 plan that included nonconsensual third-party releases of direct claims against…

Justia Opinion Summary: Plaintiffs appealed from a final judgment entered in favor of Defendants The TriZetto Group, Inc. and Cognizant Technology Solutions Corporation (collectively, “TriZetto”) after a jury trial in district court. Relevant…

Justia Opinion Summary: Defendant, a reinsurer, appealed from a district court’s ruling granting summary judgment to Plaintiff, its reinsured. On appeal, Defendant argues that the district court erroneously held that its reinsurance obligations…

Justia Opinion Summary: Defendant appealed from a district court judgment imposing, among other things, special conditions of supervised release making Defendant’s internet and computer access contingent on his compliance with computer…

Justia Opinion Summary: Plaintiff brought an action against several police officers and the City of New York, asserting various claims under 42 U.S.C. Section 1983 and New York state law based on his allegation that police officers falsely…

Justia Opinion Summary: Plaintiffs, a group of current and former professional models, appealed the district court’s judgment against them on a variety of claims arising from the use of their images in social media posts promoting a…

Justia Opinion Summary: On January 6, 2014, Defendant Genting New York LLC, d/b/a Resorts World Casino New York City ("Genting"), closed the Aqueduct Buffet (the "Buffet"), a restaurant located inside the Resorts World Casino (the "Casino")…

Justia Opinion Summary: Defendant appealed a jury verdict finding him guilty of nine narcotics and money-laundering offenses, including operating a continuing criminal enterprise (“CCE”). Defendant challenged his conviction primarily on two…

Justia Opinion Summary: In pleading guilty to wire fraud and tax evasion, Defendant agreed to forfeit to the Government his interests in Jreck Subs, a franchised chain of sandwich shops that he used to perpetrate his fraud. Claimants, the…

Justia Opinion Summary: A jury convicted Defendant of violating 18 U.S.C. Section 2251(a), which prohibits using a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of that conduct. The jury also…

Justia Opinion Summary: Defendant Niagara Mohawk Power Corporation (the "Company"), which does business as National Grid, is an electric and natural gas utility that operates throughout New York State. According to Plaintiff Local Union 97,…

Justia Opinion Summary: Plaintiffs appealed the district court’s judgment dismissing their claims against the Republic of Argentina (“Argentina”) in connection with sovereign bonds issued by Argentina and purchased by Plaintiffs. The Second…

Justia Opinion Summary: The National Advertising Division (“NAD”), a self-regulatory organization, concluded that Defendant Young Living Essential Oils, LC’s (“Young Living”) claims that its oils are “therapeutic-grade” and impart physical…

Justia Opinion Summary: Plaintiff, a Virginia-licensed mental health counselor, appealed from a district court judgment dismissing her First Amendment and Due Process challenges to a New York law requiring her to obtain a further license in…

Justia Opinion Summary: Plaintiffs are 21 U.S. citizens who were harmed, and the estate and family members of a U.S. citizen who was killed in rocket attacks carried out in Israel in 2006 by the terrorist organization Hizbollah. Plaintiffs…

Justia Opinion Summary: Plaintiffs – issuers of collateralized debt obligations secured by certificates in residential-mortgage-backed securities trusts – appealed from three separate judgments dismissing actions brought against The Bank of New…

Justia Opinion Summary: Petitioner appealed the denial of his application for cancellation of removal by the Board of Immigration Appeals (“BIA”). After an immigration judge (“IJ”) initially granted cancellation, the BIA reversed, determining…

Justia Opinion Summary: Defendant Donald J. Trump and Appellant the United States of America appealed from a district court judgment denying their motion to substitute the United States in this action pursuant to the Westfall Act of 1988. In…

Justia Opinion Summary: Plaintiff, MSP Recovery Claims, Series LLC (“MSP”) appealed from the district court’s judgment dismissing for lack of standing its putative class action against Defendant Hereford Insurance Company (“Hereford”) and…

Justia Opinion Summary: A jury convicted Defendant of violating 18 U.S.C. Section 2251(a), which prohibits using a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of that conduct. The jury also…

Justia Opinion Summary: Defendant appealed the district court’s judgment sentencing him to 57 months imprisonment following his plea of guilty to one count of wire fraud. Defendant argued that the district court incorrectly applied a two-level…

Justia Opinion Summary: Plaintiff alleged that he was sexually abused and exploited from approximately 1978 to 1984, when he was between 12 and 17 years old, by Father P.M., a now-deceased Rhode Island priest. Plaintiff sued the Roman Catholic…

Justia Opinion Summary: Petitioner, a native and citizen of Ukraine, sought review of a December 12, 2019 decision of the Board of Immigration Appeals (“BIA”) affirming the denial of his application for asylum, withholding of removal, and…

Justia Opinion Summary: AMA Capital, LLC (“AMA”) is a claimant in an antitrust class-action settlement. The settlement agreement at issue required that each claimant substantiate its claims with such documents as class counsel and the claims…

Justia Opinion Summary: Plaintiff appealed from the district court’s judgment dismissing all claims against Defendants-Newburgh Enlarged City School District, Superintendent, and Assistant Superintendent. Plaintiff, an African American woman of…

Justia Opinion Summary: Parents and guardians of students with disabilities brought an enforcement action under the Individuals with Disabilities Education Act, alleging that the New York City Department of Education must immediately fund their…

Justia Opinion Summary: Plaintiff Tutor Perini Building Corp. appealed from the district court’s order affirming an order of the United States Bankruptcy Court, which held that Plaintiff may not use 11 U.S.C. Section 365(b)(1)(A) to assert a…

Justia Opinion Summary: Plaintiff Union Mutual Fire Insurance Company (“Union Mutual”) appealed from a district court judgment. On March 4, 2017, a fire started at Liberty Avenue in Queens, New York, spreading to and damaging four neighboring…

Justia Opinion Summary: Plaintiff, a former New York State prisoner, sued defendants-appellants pursuant to 42 U.S.C. Section 1983 for purportedly violating his rights under the Eighth and Fourteenth Amendments when they denied his judicially…

Justia Opinion Summary: Petitioner petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the denial of his request for administrative closure of his removal proceedings. The agency relied on the Matter of…

Justia Opinion Summary: On June 22, 2021, the Second Circuit issued an opinion affirming the convictions and sentences of Defendants T.E. and K.A. after a jury trial. Among other things, the court upheld T.E.’s conviction on Count Seven for…

Justia Opinion Summary: Appellant the Law Offices of Crystal Moroney (“Moroney”) is a law firm that principally provides legal advice and services to clients seeking to collect debt. As the agency charged with regulating this industry, the…

Justia Opinion Summary: Plaintiff appealed the district court’s decision dismissing her claims against New York University (NYU) and declining to allow her to amend her complaint to add another plaintiff. Plaintiff s a parent of an adult…

Justia Opinion Summary: Argonaut Insurance Company (“Argonaut”) appealed from an order of the district court remanding this breach-of-bond action, brought by LeChase Construction Services, LLC (“LeChase”), to New York state court after Argonaut…

Justia Opinion Summary: Plaintiff brought a 42 U.S.C. Section 1983, seeking compensatory damages for the 686 days that he was unlawfully incarcerated after the Second Circuit clearly established in Earley v. Murray that only a court could…

Justia Opinion Summary: Insureds – who operate an annual motorcycle rally in Pattersonville, New York (the “Harley Rendezvous”) – appealed from the district court’s entry of summary judgment in favor of Covington Specialty Insurance Company…

Justia Opinion Summary: Defendant was found guilty of gun possession in furtherance of drug trafficking and being a felon in possession of a firearm. Defendant appealed, arguing that evidence regarding a firearm and marijuana should have been…

Justia Opinion Summary: Plaintiff sued Defendants for violating his First and Fourteenth Amendment rights by recommending and imposing certain special conditions of post-release supervision that he contends is unconstitutional. The district…

Justia Opinion Summary: A putative class of over 12 million merchants brought this antitrust action under the Sherman Act against Visa U.S.A. Inc., MasterCard International Inc., and numerous banks that serve as payment-card issuers for those…

Justia Opinion Summary: Federal Rule of Civil Procedure 60(b) authorizes relief from a final judgment, order, or proceeding based on, among other things, “fraud on the court.” Years after an adverse judgment and unsuccessful appeals in Mazzei…

Justia Opinion Summary: Pro se Plaintiff filed a whistleblower claim against his former employer, the Federal Energy Regulatory Commission, and his former supervisors in the United States District Court for the Southern District of New York.…

Justia Opinion Summary: Plaintiffs brought a class action under the Employee Retirement Income Security Act of 1974 ("ERISA"), arguing that Defendant Colgate-Palmolive Co. miscalculated residual annuities based on an erroneous interpretation of…

Justia Opinion Summary: Plaintiff, a franchisor of tax preparation services, appeals from the district court’s denying its motion for preliminary injunctive relief to enforce, among other things, covenants not to compete or solicit former…

Justia Opinion Summary: After pleading guilty to first-degree conspiracy and second-degree murder in state court, Petitioner filed an unsuccessful federal habeas petition as well as an unsuccessful motion in state court to vacate his…

Justia Opinion Summary: The Republic of Turkey appealed the September 7, 2021, district court judgment. The court concluded that Turkey failed to prove its ownership of a six-thousand-year-old marble idol. The district court determined that…

Justia Opinion Summary: Defendant appealed a judgment against him following a jury trial where he was convicted of one count of conspiring to illegally donate  monies to a political campaign and one count of aiding and abetting over $25,000 of…

Justia Opinion Summary: Defendant s pled guilty to (1) using, carrying, and possessing a firearm during an attempted armed robbery of suspected marijuana dealers (“Count One”); and (2) using, carrying, possessing, and discharging a firearm…

Justia Opinion Summary: In 2021, the Court affirmed Defendant’s conviction after a guilty plea in district court. Among other things, The Second Circuit affirmed Defendant’s conviction under 18 U.S.C. Sections 924(c)(1)(A)(i), (ii), (iii), and…

Justia Opinion Summary: Relevent Sports, LLC, a U.S.-based soccer promoter, alleges that the Fédération Internationale de Football Association (popularly known as FIFA) and the United States Soccer Federation, Inc. adopted and enforced a…

Justia Opinion Summary: Plaintiffs (Rockland County Probation Department employees and their union) brought a First Amendment retaliation claim against Defendants (the County of Rockland and its Director of Probation). Plaintiffs alleged that…

Justia Opinion Summary: Plaintiff sued Defendants St. Joseph Hospital and Catholic Health System of Long Island, Inc. for injuries he sustained at St. Joseph Hospital, where he was admitted in March 2020 with COVID-19. Plaintiff brought claims…

Justia Opinion Summary: Plaintiffs are participants in the physical and derivatives markets for platinum and palladium and seek monetary and injunctive relief for violations of the antitrust laws and the Commodities Exchange Act (“CEA”).…

Justia Opinion Summary: Plaintiff responded to a distracted-driving enforcement campaign conducted by Defendants (the City of Stamford and its Sergeant) by standing down the street from where police sat holding a sign stating "Cops Ahead."…

Justia Opinion Summary: The Evergreen Association brought an action against New York officials, seeking to enjoin the enforcement of New York Labor Law Sec. 203-e, which prohibits employers from taking adverse employment actions against…

Justia Opinion Summary: Alleging the creation of a hostile work environment in violation of federal, state, and city law, Plaintiff sued the New York City Housing Authority (“NYCHA”) and two NYCHA senior officials (collectively, the “NYCHA…

Justia Opinion Summary: Plaintiff sued the Department of Justice under the Freedom of Information Act (“FOIA”), 5 U.S.C. Section 552, seeking documents from the Federal Bureau of Investigation (“FBI”) related to himself, speculating that they…

Justia Opinion Summary: The government petitions for a panel rehearing of so much of the Second Circuit’s decision in United States v. Gibson, 55 F.4th 153 (2d Cir. 2022), as ruled that the 2015 removal of naloxegol from the federal controlled…

Justia Opinion Summary: The American Society for the Prevention of Cruelty to Animals (“ASPCA”) appealed the judgment of the district court dismissing its “policy or practice” claim brought under the Freedom of Information Act (“FOIA”) against…

Justia Opinion Summary: The case presents an apparently unresolved question in the Second Circuit: whether a district court’s order granting a purportedly final judgment on a noteholder’s claims seeking (1) foreclosure on a mortgage, (2)…

Justia Opinion Summary: Plaintiffs, individuals who own apartment buildings in New York City subject to the relevant Rent Stabilization Law (RSL), appealed from a district court judgment. The court dismissed the complaint pursuant to Rule…

Justia Opinion Summary: Plaintiffs are individuals who own apartment buildings in New York City that are subject to the relevant Rent Stabilization Law (RSL). Plaintiffs appeal from a judgment of the district court dismissing their complaint…

Justia Opinion Summary: Defendant pled guilty to one count of extortion for threatening to disseminate nude photographs of Jane Doe if she did not return to a relationship with him. Defendant appealed, arguing that the plea proceedings were…

Justia Opinion Summary: Defendant was charged in district court with five counts of an eight-count indictment in connection with two killings. Counts Four, Five, and Six charged Defendant with conspiring to commit, and committing, murder for…

Justia Opinion Summary: Petitioner sought a review of a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an order of an Immigration Judge (“IJ”) finding him removable under the Immigration and Nationality Act…

Justia Opinion Summary: Plaintiff Seneca Nation brought a lawsuit seeking relief from New York State, the New York Thruway Authority, and the Thruway Authority’s Executive Director (collectively “Defendants”) for ongoing use of an invalid…

Justia Opinion Summary: Plaintiff American Civil Liberties Union Immigrants’ Rights Project (“ACLU”) brought a Freedom of Information Act (“FOIA”) suit in district court to compel Defendant, United States Immigration and Customs Enforcement…

Justia Opinion Summary: Defendant appealed the district court’s judgment sentencing him to 36 months in prison following his conviction by a jury of witness retaliation. Defendant challenged the manner in which the district court conducted jury…

Justia Opinion Summary: Defendant appealed various issues arising from his 2017 amended judgment of conviction for Hobbs Act robbery and firearm offenses in district court. The Second Circuit addressed two of Defendant’s arguments—first that…

Justia Opinion Summary: Defendant appealed the district court’s judgment of conviction following his guilty plea to one count of conspiracy to distribute more than 50 kilograms (kg) of marijuana. During a reverse-sting operation, Defendant took…

Justia Opinion Summary: In 2021, Second Circuit issued an opinion affirming in part and reversing in part the convictions of Defendants after trial in the district court. Among other things, the Second Circuit affirmed Defendants’ convictions…

Justia Opinion Summary: Plaintiff, a South Asian-American woman, began working for Bloomberg’s Dubai news bureau as a Persian Gulf economy and government reporter. Plaintiff informed Bloomberg that she wished to transfer to its New York or…

Justia Opinion Summary: Petitioner pleaded guilty to two counts: conspiracy to commit Hobbs Act robbery and unlawful use of a firearm in furtherance of a crime of violence. In his plea agreement, Petitioner waived his right to appeal or…

Justia Opinion Summary: Petitioner, a native and citizen of Guyana, sought a review of a decision of the BIA affirming a decision of an Immigration Judge (“IJ”) ordering Petitioner’s removal based on a prior aggravated felony conviction. At…

Justia Opinion Summary: An attorney appealed from orders of the Committee on Grievances of the Board of Judges of the United States District Court for the Eastern District of New York (the “Committee”) finding her liable for violating various…

Justia Opinion Summary: Smarter Tools Inc. (“STI”) appeals the district court’s judgment denying STI’s petition to vacate an arbitral award and granting Chongqing SENCI Import & Export Trade Co., Ltd.’s and Chongqing AM Pride Power & Machinery…

Justia Opinion Summary: Admiral Insurance Co. (“Admiral”) sought a declaration that it need not defend or indemnify its historical insured, Niagara Transformer Corp. (“Niagara”), in potential litigation between Niagara and nonparties Monsanto…

Justia Opinion Summary: Plaintiffs are U.S. service members wounded in terrorist attacks in Iraq and the families and estates of service members killed in such attacks. They appealed from the dismissal of their claims under the Antiterrorism…

Justia Opinion Summary: Plaintiff alleged that private educational loan was discharged in bankruptcy. He sued Experian under the Fair Credit Reporting Act (FCRA) for reporting the loan was due and owing. The district court concluded the loan…