United States Second Circuit - December 2018 Opinion Summaries

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Description Date Docket #

US v. Aquart

United States Second Circuit
Sentencing, Criminal Law & Procedure
Affirmed a defendant's conviction for his role in drug and racketeering-related murders, but vacated his death sentence based on prosecutorial error....
12/20/2018 12‐5086‐cr

Alliance for Open Society International, Inc. v. US Agency for International Development

United States Second Circuit
Government Contracts, Health Law, Constitutional Law
Held that the U.S. government could not constitutionally deny funding to fight HIV/AIDS abroad based on a foreign organization's failure to adopt a...
12/20/2018 15-974

High Point Design, LLC v. LM Insurance Corp.

United States Second Circuit
Insurance Law, Trade Dress
Affirmed that insurance companies had a duty to provide a defense to a footwear wholesaler that was being sued in an intellectual property case for...
12/19/2018 16‐1446‐cv

U.S. Oil Trading LLC v. M/V Vienna Express

United States Second Circuit
Oil and Gas Law, Admiralty
Held that a bunker (marine fuel) supplier was potentially entitled to assert a maritime lien against certain vessels to which it had physically...
12/19/2018 17-0922-cv

Clearlake Shipping PTE Ltd. v. NuStar Energy Services, Inc.

United States Second Circuit
Oil and Gas Law, Admiralty
Held that a bunker (marine fuel) supplier was not entitled to maritime liens against two chartered vessels to which it had physically provided marine...
12/19/2018 17-1458-cv

Alom v. Whitaker

United States Second Circuit
Immigration Law
Held that the Board of Immigration Appeals applied an incorrect standard of review in considering a good faith marriage determination, in a case...
12/17/2018 17-2627

U.S. v. Fiseku

United States Second Circuit
Criminal Law & Procedure
In an amended opinion, affirmed a conviction of conspiracy to commit a Hobbs Act robbery, rejecting the defendant's contention that the trial court...
12/17/2018 17‐1222‐cr

Sierra Club v. Con-Strux, LLC

United States Second Circuit
Environmental Law, Water Law
Reinstated the Sierra Club's lawsuit seeking a declaration that a company was engaged in industrial activity within the meaning of the Clean Water Act...
12/17/2018 18‐257‐cv

Benenson v. Commissioner of Internal Revenue

United States Second Circuit
Tax Law
Held that a husband and wife were not liable for a 2008 tax deficiency. The IRS had applied the substance‐over‐form doctrine to recharacterize various...
12/14/2018 16‐2953‐ag

M.E.S., Inc. v. Safeco Insurance Co. of America

United States Second Circuit
Construction, Contracts
Held that a general contractor could not proceed with its breach-of-contract and other claims against an insurance company that had issued surety...
12/14/2018 17‐2997‐cv