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United States Second Circuit - December 2018 Opinion Summaries

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Description Date Docket #

US v. Yilmaz

United States Second Circuit
Sentencing, Criminal Law & Procedure
Affirmed a man's prison sentence for stalking a woman he once dated, under a federal stalking statute.
12/13/2018 17‐1827‐cr

Association of Car Wash Owners Inc. v. City of New York

United States Second Circuit
Labor & Employment Law
Held that it was unclear at this stage of the proceedings whether the National Labor Relations Act preempts a provision of New York City's Car Wash...
12/12/2018 17-1849-cv

Capitol Records, LLC v. ReDigi Inc.

United States Second Circuit
Entertainment Law, Intellectual Property, Copyright
Affirmed a finding of copyright infringement, in a lawsuit that involved copyrighted music recordings resold through an internet platform. The suit...
12/12/2018 16‐2321

US v. Young

United States Second Circuit
Sentencing, Criminal Law & Procedure
Affirmed a defendant's drug-trafficking sentence. Held that the district court did not improperly delegate to the Probation Office the decision of...
12/12/2018 16‐3458‐cr

Testa v. Becker

United States Second Circuit
ERISA
Held that a retiree could not proceed with his challenge to the amount of his company pension. The case concerned the method by which the company...
12/12/2018 17‐1826‐cv

Mantikas v. Kellogg Co.

United States Second Circuit
False Advertising, Consumer Protection Law
Revived a consumer lawsuit alleging that Cheez‐It crackers are misleadingly labeled as being whole grain. Held that the proposed class action...
12/11/2018 17‐2011

Cho v. City of New York

United States Second Circuit
Civil Procedure, Property Law & Real Estate
Revived four plaintiffs' claims that city officials coerced them into signing settlement agreements waiving various constitutional rights in order to...
12/11/2018 18-337-cv

Division 1181 A.T.U. - New York Employees Pension Fund v. City of New York Department of Education

United States Second Circuit
Education Law, ERISA, Labor & Employment Law
Held that the New York Employees Pension Fund could not proceed with its claim against the New York City Department of Education for delinquent...
12/10/2018 17‐3147‐cv

US v. Guerrero

United States Second Circuit
Criminal Law & Procedure, Immigration Law, Sentencing
Held that there was an error in sentencing a man who pleaded guilty to illegal reentry into the United States. His prior Arizona drug conviction did...
12/10/2018 17‐1851‐cr

Jander v. IBM

United States Second Circuit
ERISA, Labor & Employment Law
Held that employees plausibly pleaded a duty‐of‐prudence claim against the fiduciaries of their employee stock option plan. The fiduciaries allegedly...
12/10/2018 17‐3518
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