United States Second Circuit - August 2019 Opinion Summaries

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Description Date Docket #

US v. Barrett

United States Second Circuit
Criminal Law & Procedure
Affirmed in part, vacated in part. Defendant challenged his conviction for using firearms in the commission of violent crimes. Because categorizing...
08/30/2019 14‐2641‐cr

US v. Pugh

United States Second Circuit
Criminal Law & Procedure
Affirmed, remanded for resentencing. Because defendant’s letter describing his allegiance to the Islamic State was never translated or otherwise...
08/29/2019 17-1889

Prime International Trading Ltd., et al. v. BP PLC, et al

United States Second Circuit
International Trade, Antitrust & Trade Regulation
Affirmed. The application of the Commodity Exchange Act to alleged misconduct in trading of crude oil extracted from Europe’s North Sea is...
08/29/2019 17-2233

Yamashita v. Scholastic, Inc.

United States Second Circuit
Copyright
Affirmed. Finding the plaintiff failed to name a single instance of infringement or breach of the terms of his licensing agreement with the stock...
08/28/2019 17‐1957‐cv

Eastman Kodak v. Bath

United States Second Circuit
Antitrust & Trade Regulation
Vacated & remanded. Finding the circumstances of these plaintiffs to be materially different from those in In re Aluminum Warehousing Antitrust...
08/27/2019 16-4230(L)

Bifolck v. Phillip Morris

United States Second Circuit
Product Liability
Remanded. The panel agreed with Bifolck that the district court misapplied the nonmutual offensive collateral estoppel standard, but the error does...
08/22/2019 17-3927

Ennio Morricone Music v. Bixio Music Group

United States Second Circuit
Copyright
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...
08/21/2019 17‐3595‐cv

32BJ N. Pension Fund. v. Nutrition Mgmt. Servs.

United States Second Circuit
ERISA
Vacated and remanded. Finding NMSC did not agree to be bound to the trust agreement until it executed an amendment to the collective bargaining...
08/20/2019 18-0857-cv(L)

Scrimo v. Lee

United States Second Circuit
Criminal Law & Procedure
Reversed. Finding the trial court’s exclusion of three defense witnesses violated defendant’s constitutional right to present a complete defense, the...
08/20/2019 17-3434

US v. Parkins

United States Second Circuit
Sentencing
Remanded. Defendant appeals a sentence imposing supervised release conditioned on performing 300 hours of community service per year over his term of...
08/19/2019 18-1019