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

A pharmaceutical company challenged the federal government’s implementation of a new program created by the Inflation Reduction Act of 2022, which authorizes the Centers for Medicare and Medicaid Services (CMS) to negotiate prices for certain high-expenditure prescription drugs under Medicare. The company’s drug was selected for the program, and it signed an agreement to participate “under protest” while filing suit. The company alleged that the program violated its constitutional rights under the First, Fifth, and Eighth Amendments, and that CMS failed to follow required notice-and-comment procedures under the Administrative Procedure Act (APA) when issuing the standard agreement for participation.The United States District Court for the District of Connecticut granted summary judgment to the government on all claims. The district court found that participation in the program was voluntary, so there was no unlawful deprivation of rights. It also held that the program did not impose unconstitutional conditions on participation in Medicare and Medicaid, and that the Inflation Reduction Act expressly allowed CMS to implement the program for its first three years without notice-and-comment rulemaking.The United States Court of Appeals for the Second Circuit reviewed the case and affirmed the district court’s judgment. The Second Circuit held that, under its precedent in Garelick v. Sullivan, participation in the Medicare Drug Price Negotiation Program is voluntary, and thus the program does not effect a taking, deprive the company of property without due process, or compel speech in violation of the First Amendment. The court further held that the program does not impose unconstitutional conditions because it is designed to control Medicare spending and does not regulate the company’s private market conduct. Finally, the court concluded that the Inflation Reduction Act expressly exempted CMS from the APA’s notice-and-comment requirement for the program’s initial years. View "Boehringer Ingelheim Pharms., Inc. v. Dep't of Health & Hum. Servs." on Justia Law

Plaintiffs, including Eugene Volokh and two social media companies, challenged New York's Hateful Conduct Law, which mandates social media networks to provide mechanisms for reporting hateful conduct and to disclose policies on how they address such reports. The law defines hateful conduct as speech that vilifies, humiliates, or incites violence against groups based on protected characteristics. Plaintiffs argued that these requirements compel speech and chill protected speech, violating the First Amendment.The United States District Court for the Southern District of New York granted a preliminary injunction, halting the law's enforcement. The court found that the law likely violates the First Amendment by compelling social media networks to engage in speech and by being overly broad and vague, thus chilling users' speech.The United States Court of Appeals for the Second Circuit reviewed the case. The court noted that the constitutionality of the Hateful Conduct Law hinges on its interpretation. If the law requires social media networks to adopt the state's definition of hateful conduct, it would be subject to strict scrutiny and likely fail. However, if the law merely requires disclosure of any content moderation policy without specific reference to the state's definition, it might survive under the more relaxed Zauderer standard.The Second Circuit deferred its decision and certified three questions to the New York Court of Appeals: whether the law requires explicit reference to the state's definition of hateful conduct in social media policies, whether the reporting mechanism must specifically address hateful conduct, and whether social media networks must respond to reports of hateful conduct. The answers to these questions will determine the law's constitutionality. View "Volokh v. James" on Justia Law

Angel Diaz, a prisoner in the custody of the New York State Department of Corrections and Community Supervision (DOCCS), filed a pro se petition for a writ of habeas corpus in the Southern District of New York. Diaz argued that due to the COVID-19 pandemic, the State could not provide him with constitutional conditions of confinement at any of its facilities, necessitating his release. He claimed that his high blood pressure and morbid obesity put him at severe risk of serious harm or death from COVID-19 and that DOCCS had no plan to protect medically vulnerable inmates like himself.The District Court referred the case to a magistrate judge, who recommended denying the petition on the grounds that Diaz's claim was not cognizable in habeas and should be brought under 42 U.S.C. § 1983 instead. The District Court adopted this recommendation, holding that Diaz's complaints about the conditions of his confinement did not challenge the validity or duration of his confinement. Diaz's request for a certificate of appealability was initially denied by the District Court but later granted by the United States Court of Appeals for the Second Circuit.The United States Court of Appeals for the Second Circuit reviewed the case and held that Diaz's claim was indeed cognizable under habeas corpus because he alleged violations of the Constitution that would require his release from all available facilities. However, the court found that Diaz failed to provide sufficient factual support to make his claim plausible. As a result, the Second Circuit affirmed the District Court's decision to dismiss the petition. View "Diaz v. Kopp" on Justia Law

Karl Greenwood pled guilty to charges related to a cryptocurrency scam that defrauded investors of over $4.5 billion. Prior to sentencing, Greenwood submitted a partially redacted sentencing memorandum and exhibits, many of which were sealed. Matthew Lee, associated with Inner City Press, filed a motion to unseal and unredact these documents, arguing a right of access.The United States District Court for the Southern District of New York denied Lee's motion, stating that the redactions were limited to sensitive information such as medical details and personal information of Greenwood and his family. Lee appealed this decision, contending that the district court did not sufficiently justify the sealing of the exhibits.The United States Court of Appeals for the Second Circuit reviewed the case. The court held that the First Amendment right of access applies to sentencing memoranda and exhibits, requiring specific findings to justify sealing. The court found that while the district court adequately justified the redactions in the sentencing memorandum, it did not sufficiently explain the complete sealing of the exhibits. The appellate court vacated the district court's order in part and remanded the case for further proceedings to provide a more detailed justification for sealing the exhibits. The court affirmed the district court's decision regarding the redactions in the sentencing memorandum. View "Lee v. Greenwood" on Justia Law

In 2014, Tyrone Walker, who had been in solitary confinement for punitive reasons since 2000, was placed in solitary confinement as a preventative measure by prison officials, based on a determination that he posed a threat to prison security. The officials were constitutionally obligated to conduct regular, meaningful reviews of Walker’s solitary confinement. Walker argued that the reviews he received were not constitutionally meaningful, as they did not adequately assess his current threat level or consider his behavior over time.The United States District Court for the Northern District of New York granted summary judgment to the defendants, ruling that Walker demonstrated no genuine issues of material fact regarding the constitutional meaningfulness of his reviews. The court also decided that all defendants were entitled to qualified immunity because no clearly established right of Walker’s had been violated during the review process.The United States Court of Appeals for the Second Circuit reviewed the case and concluded that a reasonable jury could find that the reviews Walker received during his continued solitary confinement were not constitutionally meaningful. The court noted that the reviews were repetitive and rote, failed to consider Walker’s positive behavior, and often used circular logic to justify his continued confinement. Additionally, the court found that the delays in completing and providing the reviews to Walker raised genuine issues of material fact regarding the meaningfulness of the process.The Second Circuit vacated the district court’s judgment and remanded the case for further proceedings, emphasizing that the focus was on the procedural due process rights of Walker, not the substantive outcome of his confinement. The court also determined that it was premature to grant qualified immunity to the defendants at this stage. View "Walker v. Bellnier" on Justia Law

A healthcare provider, Neurological Surgery Practice of Long Island, PLLC, provides out-of-network medical services governed by the No Surprises Act. This Act requires out-of-network providers to seek compensation from the patient’s healthcare plan rather than billing patients directly. If a provider and a healthcare plan cannot agree on a compensation amount, an independent dispute resolution (IDR) process is used. Neurological Surgery alleges that a backlog of disputes has resulted in unpaid or delayed reimbursements due to the Departments of Health and Human Services, Treasury, and Labor failing to implement the Act properly, violating the Administrative Procedure Act (APA) and the Due Process Clause of the Fifth Amendment.The United States District Court for the Eastern District of New York dismissed Neurological Surgery’s claims. The court concluded that the claims were moot due to the reopening of the IDR portal, Neurological Surgery lacked standing to compel the Departments to enforce the Act’s deadlines on third parties, and the claims regarding the Departments’ failure to certify a sufficient number of arbitrators and provide guidance on New York’s surprise billing law were foreclosed by the APA.The United States Court of Appeals for the Second Circuit reviewed the case. The court affirmed the district court’s judgment, agreeing that the challenge to the pause of the IDR portal was moot since the portal was operational. The court also held that Neurological Surgery lacked standing to compel the Departments to enforce deadlines on healthcare plans and IDR entities, as the injury was caused by third parties, not the Departments. Additionally, the court found that the challenge to the Departments’ failure to certify a sufficient number of IDR entities was foreclosed by the APA, as the Act did not specify discrete actions required by the Departments. Lastly, the court held that the challenge to the Departments’ failure to issue guidance on New York’s surprise billing law failed to state a claim under the APA. View "Neurological Surgery v. Department of Health & Human Services" on Justia Law

Defendants Jibril Adamu and Jean-Claude Okongo Landji were involved in an international narcotics trafficking conspiracy, using a private aircraft to transport cocaine from South America to Africa and Europe. Landji owned an aviation charter business and Adamu was his co-pilot. They were arrested in Croatia in 2018 after flying a test shipment of cocaine. Their cell phones, containing incriminating evidence, were seized. Both defendants were extradited to the United States and charged with conspiracy to distribute and possess with intent to distribute cocaine.The United States District Court for the Southern District of New York convicted both defendants following a jury trial. They were sentenced to 120 months’ imprisonment and five years’ supervised release. The defendants appealed, arguing that the government lacked jurisdiction under 21 U.S.C. § 959, violated their Sixth Amendment rights by using privileged information, and erred in admitting data extracted from their cell phones.The United States Court of Appeals for the Second Circuit reviewed the case. The court held that 21 U.S.C. § 959 applies extraterritorially, affirming the government’s jurisdiction. It also found no Sixth Amendment violation, as the district court correctly determined that the government did not use privileged information in its prosecution. The court concluded that the cell phone data was properly authenticated and its admission did not violate the Confrontation Clause. The court noted that any potential error in admitting the cell phone data was harmless given the overwhelming evidence of guilt.The Second Circuit affirmed the judgment of the district court, upholding the convictions and sentences of both defendants. View "United States v. Adamu" on Justia Law

The case involves the National Rifle Association of America (NRA) suing Maria T. Vullo, the former Superintendent of the New York State Department of Financial Services (DFS), alleging that Vullo violated its First Amendment rights. The NRA claimed that Vullo engaged in coercive and retaliatory actions against the NRA by pressuring financial institutions and insurers to sever ties with the NRA, thereby infringing on its free speech and equal protection rights. Vullo argued that she was entitled to qualified immunity.The United States District Court for the Northern District of New York denied Vullo's motion to dismiss the NRA's First Amendment claims, finding that the NRA had sufficiently stated a claim and that Vullo was not entitled to qualified immunity at that stage. Vullo appealed the decision.The United States Court of Appeals for the Second Circuit initially reversed the district court's decision, holding that the NRA failed to state a First Amendment claim and that Vullo was entitled to qualified immunity. The NRA then petitioned the Supreme Court, which granted certiorari to address whether the NRA had stated a plausible First Amendment claim. The Supreme Court concluded that the NRA had plausibly alleged a First Amendment violation and remanded the case to the Second Circuit to reconsider the issue of qualified immunity.Upon reconsideration, the Second Circuit concluded that Vullo was entitled to qualified immunity. The court reasoned that, although the general principle that a government official cannot coerce a private party to suppress disfavored speech was well established, it was not clearly established that Vullo's conduct—regulatory actions directed at the nonexpressive conduct of third parties—constituted coercion or retaliation in violation of the First Amendment. Therefore, the court reversed the district court's denial of qualified immunity and remanded the case for the district court to enter judgment dismissing the remaining claims against Vullo. View "Nat'l Rifle Ass'n of Am. v. Vullo" on Justia Law

The case involves a challenge to New York's gun-related public nuisance statute, N.Y. General Business Law § 898-a–e, by the National Shooting Sports Foundation, Inc. and fourteen of its members. The statute imposes liability on gun industry members who knowingly or recklessly endanger public safety through the sale or marketing of firearms. The plaintiffs argue that the statute is unconstitutional, claiming it is preempted by the federal Protection of Lawful Commerce in Arms Act (PLCAA), violates the dormant Commerce Clause, and is unconstitutionally vague under the Due Process Clause of the Fourteenth Amendment.The United States District Court for the Northern District of New York dismissed the plaintiffs' complaint, ruling in favor of New York's Attorney General, Letitia James. The district court found that the statute was not preempted by PLCAA, did not violate the dormant Commerce Clause, and was not unconstitutionally vague. The plaintiffs then appealed the decision.The United States Court of Appeals for the Second Circuit reviewed the case and affirmed the district court's judgment. The appellate court held that the plaintiffs did not meet their burden in this facial, preenforcement challenge to demonstrate that the statute is unenforceable in all its applications. The court concluded that the statute falls within PLCAA's predicate exception clause and is therefore not preempted. Additionally, the court found that the statute does not violate the principles of interstate commerce and is not void for vagueness. The judgment of the district court was affirmed. View "National Shooting Sports Foundation, Inc. v. James" on Justia Law

Kenneth Thompson was convicted of being a felon in possession of a firearm and ammunition, following a guilty plea. The United States District Court for the Eastern District of New York sentenced him to thirty-seven months of imprisonment and two years of supervised release. The court also imposed special conditions of supervised release, including submitting to searches, complying with sex offender registration requirements, and undergoing a mental health evaluation and treatment if necessary.Thompson appealed, arguing that the district court erred in imposing the special conditions without an individualized assessment and explanation. He also claimed ineffective assistance of counsel and that his guilty plea was involuntary. Additionally, he challenged the district court's Sentencing Guidelines calculation and argued that 18 U.S.C. § 922(g)(1) violated the Second Amendment.The United States Court of Appeals for the Second Circuit reviewed the case. The court found that Thompson waived any challenge to the mental health treatment condition by consenting to it. The court held that the district court made an individualized assessment and adequately explained its reasons for imposing the special conditions, which were supported by the record. The court declined to consider Thompson's ineffective assistance of counsel claim, noting that it was not raised in the district court and lacked sufficient factual development. The court also held that Thompson's remaining challenges to his conviction and sentence were barred by the appellate waiver in his plea agreement.The Second Circuit affirmed the judgment of the district court. View "United States v. Thompson" on Justia Law