United States Second Circuit - September 2018 Opinion Summaries

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Description Date Docket #

US v. Washington

United States Second Circuit
Sentencing, Criminal Law & Procedure
Remanded a sentence imposed for failing to register as a sex offender to delete a reference to polygraph testing. The defendant argued that the trial...
09/18/2018 17‐2841‐cr

In re DeRogatis

United States Second Circuit
ERISA, Labor & Employment Law
Reinstated an ERISA claim that a labor union benefit plan breached its fiduciary duty to provide beneficiaries with complete and accurate information...
09/14/2018 16‐977‐cv

US v. Spoor

United States Second Circuit
Sentencing, Criminal Law & Procedure
Affirmed a conviction and sentence for production of child pornography and possession of child pornography. The defendant raised various arguments...
09/14/2018 16‐2972‐cr

Cappetta v. Social Security Administration

United States Second Circuit
Government Benefits
Held that the Social Security Administration was justified in imposing an assessment and penalty on a recipient of disability benefits who failed to...
09/14/2018 16‐3540‐ag

Khalid v. Sessions

United States Second Circuit
Immigration Law
Granted a petition for review of a Board of Immigration Appeals decision ordering a man removed from the U.S. based on his conviction for being...
09/13/2018 16‐3480‐ag

US v. Kirsch

United States Second Circuit
Labor & Employment Law, Criminal Law & Procedure
Affirmed a union local president's conviction of racketeering conspiracy. A jury concluded that the union official had used threats of violence in an...
09/12/2018 16‐3329‐cr

Spinelli v. National Football League

United States Second Circuit
Copyright, Media Law, Sports Law
Reinstated sports photographers' copyright infringement claims against the National Football League and the Associated Press. Seven photographers who...
09/11/2018 17-0673-cv

US v. Barrett

United States Second Circuit
Criminal Law & Procedure
Affirmed convictions for using firearms in the commission of violent crimes. The defendant argued that his firearm convictions must be vacated because...
09/10/2018 14-2641-cr

US v. Pereira-Gomez

United States Second Circuit
Criminal Law & Procedure, Immigration Law, Sentencing
Affirmed a sentence for illegal reentry into the U.S. after previously having been deported. The defendant, who pleaded guilty, contended that his...
09/07/2018 17-952-cr