Justia U.S. 2nd Circuit Court of Appeals Opinion Summaries

Appellants appealed from an order of the district court denying hotel owners' motion for a preliminary injunction to prevent enforcement of Chapter 225 of the Laws of New York State of 2010, which prohibited rental of hotel rooms in certain types of buildings for less than 30 days. Appellants alleged that Chapter 225 would destroy their budget friendly hotel businesses, under which they rent out a large number of the units in their buildings on a temporary basis to tourists. The court affirmed the district court's order and held that appellants failed to make a sufficient showing of irreparable injury.

Defendant appealed from a judgment of conviction for physically obstructing access to a reproductive services facility in violation of the Freedom of Access to Clinic Entrances Act (FACE Act), 18 U.S.C. 248. On appeal, defendant contended, inter alia, that he was entitled to a jury trial as opposed to a bench trial. Because the court concluded that defendant was charged with a petty offense, the court agreed with the district court that defendant was not entitled to a jury trial.

Plaintiff appealed from a judgment dismissing her disability-discrimination complaint against JetBlue. Plaintiff alleged that she required wheelchair assistance as a result of her disability and that JetBlue discriminated against her by failing to provide timely wheelchair assistance. The court affirmed the order of the district court because no private right of action existed for a violation of the Air Carrier Access Act of 1986, 49 U.S.C. 41705, and Title III of the Americans with Disabilities Act of 1990, 42 U.S.C. 12181-12189, did not apply to services provided by an air carrier in an airport terminal used primarily to facilitate air transportation.

Defendant was convicted of two counts of rape in the first degree. On appeal, defendant argued that he was denied his Sixth Amendment right to counsel on account of his trial counsel's failure to object, under New York law, to venue in Ontario County, New York, for one of the alleged rapes, which appeared to have occurred in Monroe County, New York. The court held that trial counsel's failure to object to venue resulted in defendant receiving ineffective assistance of counsel and that the state court unreasonably applied clearly established federal law. Accordingly, the court reversed the judgment of the district court denying habeas relief and remanded.