(United States Second Circuit) - Affirmed. Defendant appeals his bribery conviction, arguing improper jury instructions and insufficient evidence. The court finds the “official act” standard from McDonnell does not apply to Guinea’s Penal Code, and any potential evidentiary errors were harmless. Judgement is affirmed.

(United States Second Circuit) - Affirmed. Financial institutions that hold junior notes issued by the defendant, as trustee, appeal the grant of summary judgement. The district court erred in holding that ICA § 47(b) does not give rise to a private right of action. However, the district court ordered distribution of the assets of the trust according to the terms of the trust’s governing indenture, so summary judgment affirmed.

(United States Second Circuit) - Affirmed. Defendant appealed the district court’s decision to deny suppression of evidence collected using the Network Investigative Technique (NIT). The court found that even if the warrant authorizing the use of NIT was invalid, suppression is not warranted.

(United States Second Circuit) - Vacated and remanded. Palin appeals the dismissal of her defamation complaint against The New York Times for failure to state a claim. Finding the district court erred in relying on facts outside the proceedings, the case is remanded for further proceedings.

(United States Second Circuit) - Affirmed. Collective bargaining agreement contains unambiguous language vesting welfare benefits and there is a sufficiently serious question as to whether retirees were entitled to lifetime medical coverage. District court’s grant of summary judgement in favor of union retirees is affirmed.

(United States Second Circuit) - Questions on appeal concern cross-jurisdictional tolling of a class action. Because the appeal presents state law questions that New York’s courts have yet to address, the court certifies the case to the New York Court of Appeals.

(United States Second Circuit) - Affirmed. The district court granted Defendants’ motion to dismiss for failure to state a claim. Plaintiffs failed to plausibly allege that the defendants knowingly aided or abetted November, 2005 attacks in Jordan.

(United States Second Circuit) - Affirmed in part, vacated and remanded in part. Finding no clear error in the district court’s determination that Defendant’s trademark infringement was willful, the award of gross profits was proper. However, the question of attorney’s fees and pre-judgement interest is remanded for further proceedings.

(United States Second Circuit) - Affirmed in part. The panel affirms that an administratively imposed term of post-release supervision deprived plaintiff of her due process rights, and defendants do not have qualified immunity.

(United States Second Circuit) - Reversed in part, vacated in part, remanded for discovery. The district court abused its discretion by denying the Claimants’ motion for discovery on their statute‐of‐limitations defense and, accordingly, erroneously granted the Government’s motion for summary judgment on the timeliness issue.

(United States Second Circuit) - Affirmed. The district court ordered the turnover of Assa’s property to terrorism victims holding default judgments against the Islamic Republic of Iran. Held the district court had jurisdiction to do so, the panel affirmed.

(United States Second Circuit) - Affirmed. On appeal from his conviction of paying bribes to United Nations officials, Defendant argues the U.N. is not an “organization” within the meaning of the law and that the jury was not correctly instructed. Defendant's arguments fail on the merits.

(United States Second Circuit) - Reversed and remanded. Defendants claimed they were erroneously denied qualified immunity in a discrimination suit brought by a former employee. Because the District court conflated the standards under Title VII and Section 1983, the court reversed, entered judgment for the defendants, and remanded.

(United States Second Circuit) - Vacated and remanded. Finding the promise to arbitrate in the franchise application was supported by adequate consideration, the panel vacates the district court’s denial of DAI’s motion to compel arbitration and remands for further proceedings.

(United States Second Circuit) - Affirmed in part. Due to the case’s simplicity, the district court’s decision to reduce Lilly’s attorney’s “reasonable hourly rate” is affirmed. Fees related to the fee application are vacated because Rule 68 only allows for fees incurred up to the date of the settlement offer.

(United States Second Circuit) - Affirmed. Finding that events occurring after judgement was entered do not matter, the panel affirms the district court’s award of attorney’s fees and denial of fees for administrative proceedings.

(United States Second Circuit) - Vacated and remanded. Finding the district court’s decision conflicts with 2nd Circuit precedent in Doe v. Columbia University, the judgement dismissing Menaker’s complaint for failure to make a claim reversed.

(United States Second Circuit) - Affirmed. The panel affirms the district court’s application of a four-level enhancement to a defendant who either sells a firearm and drugs to a buyer in a single transaction or to a buyer who the defendant has reason to believe is a drug dealer.

(United States Second Circuit) - Affirmed in part, remanded in part. Encountering uncertainty whether sentencing judge was aware of the discretion authorized by Dean v. United States, court remands for resentencing.

(United States Second Circuit) - Vacated and remanded. Because courts may freely permit jurisdictional amendments even at the appellate level, vacated the judgment of the district court and remanded for further proceedings.

(United States Second Circuit) - Denied. In a 6-5 vote, the panel majority declines to rehear the case en banc, holding that the Adoption Assistance and Child Welfare Act of 1980 creates a privately enforceable right for foster parents to sue states for costs related to child care. Five judges dissent.

(United States Second Circuit) - Affirmed. In appealing an award of summary judgement for the defendants, plaintiff argues she proffered sufficient evidence to raise triable issues of fact in her sex discrimination case. Finding plaintiff’s arguments fail on the merits, the panel affirms.

(United States Second Circuit) - Vacated and remanded. Plaintiff, who is profoundly deaf, appeals from dismissal on summary judgment her claim that a hospital violated the Rehabilitation Act by failing to provide an ASL interpreter. The panel concluded that material issues of fact preclude summary judgment.

(United States Second Circuit) - Remanded. Defendant appeals a sentence imposing supervised release conditioned on performing 300 hours of community service per year over his term of supervision. Finding the condition is not reasonably related to any relevant sentencing factors, the panel vacates and remands for resentencing.

(United States Second Circuit) - Reversed. Finding the trial court’s exclusion of three defense witnesses violated defendant’s constitutional right to present a complete defense, the panel reverses and remands the judgement of the district court with direction to grant the writ.

(United States Second Circuit) - Vacated and remanded. Finding NMSC did not agree to be bound to the trust agreement until it executed an amendment to the collective bargaining agreement in 2014, the delinquency policy’s interest rate did not apply.

(United States Second Circuit) - Reversed. Concluding the musical works at issue were not works made for hire, the panel reverses the district court’s grant of summary judgement in favor of the defendant.

(United States Second Circuit) - Remanded. The panel agreed with Bifolck that the district court misapplied the nonmutual offensive collateral estoppel standard, but the error does not necessarily require the judgement to be vacated.

(United States Second Circuit) - Vacated & remanded. Finding the circumstances of these plaintiffs to be materially different from those in In re Aluminum Warehousing Antitrust Litig., the panel held that the district court erred in concluding the plaintiffs failed to establish antitrust standing.

(United States Second Circuit) - Affirmed. Finding the plaintiff failed to name a single instance of infringement or breach of the terms of his licensing agreement with the stock photo company from which Scholastica obtained his photos, the panel affirms the district court’s dismissal.

(United States Second Circuit) - Affirmed. The application of the Commodity Exchange Act to alleged misconduct in trading of crude oil extracted from Europe’s North Sea is impermissibly extraterritorial.

(United States Second Circuit) - Affirmed, remanded for resentencing. Because defendant’s letter describing his allegiance to the Islamic State was never translated or otherwise communicated to his wife, the marital communication privilege does not apply.

(United States Second Circuit) - Affirmed in part, vacated in part. Defendant challenged his conviction for using firearms in the commission of violent crimes. Because categorizing crimes of violence cannot be done on a case-by-case basis, the defendant’s charge for using firearms in the commission of a robbery is vacated.

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A large lobbying effort mobilized almost immediately. Conducted outside the public’s view, its goal was to keep hundreds of stores open, thousands of Denverites employed, and entire industries functioning across the city.

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