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

Bruce Silva was detained pending his criminal trial on various charges, including firearms, racketeering-conspiracy, and wire-fraud, related to his alleged involvement in the Dub City street gang. The New York City Police Department obtained a search warrant for Silva’s cell phone based on an affidavit by Detective Joseph Boyer, which included information from a confidential informant and Boyer’s expertise in gang-related crimes. The affidavit suggested that Silva’s cell phone might contain evidence of his criminal activities.The United States District Court for the Southern District of New York granted Silva’s motion to suppress the evidence obtained from his cell phone, ruling that the warrant application did not establish probable cause that Silva used his cell phone in connection with his criminal activities. The district court also found that law enforcement did not execute the search in good faith.The United States Court of Appeals for the Second Circuit reviewed the case and vacated the district court’s suppression order. The appellate court held that the district court misapprehended the probable-cause standard. It clarified that a warrant could be issued if there is probable cause to believe that the place to be searched contains evidence of a crime, regardless of whether there is probable cause indicating that the target used the property in furtherance of the criminal conduct. The court also found that the Boyer Affidavit, which included specific factual allegations and Boyer’s expertise, established the requisite nexus between Silva’s alleged crimes and his cell phone. Additionally, the court determined that law enforcement officers executed the search in good-faith reliance on the magistrate judge’s decision to issue the warrant. The case was remanded for further proceedings. View "United States v. Silva" on Justia Law

N.G.B., on behalf of her child J.B., filed a due process complaint against the New York City Department of Education (DOE) alleging that DOE failed to provide J.B. with a free appropriate public education (FAPE) for the 2019-2020 school year. An impartial hearing officer ruled in favor of N.G.B. Subsequently, N.G.B. sought attorneys' fees under the Individuals with Disabilities Education Act (IDEA). The district court found the claimed hourly rates and hours expended by N.G.B.'s counsel to be unreasonable and adjusted them. However, it also found that N.G.B. was substantially justified in rejecting a settlement offer from DOE, allowing her to recover fees and costs incurred post-rejection.The United States District Court for the Southern District of New York granted in part and denied in part N.G.B.'s motion for summary judgment. The court reduced the claimed hourly rates and hours but found that DOE's settlement offer did not account for significant work performed by N.G.B.'s counsel. The court concluded that N.G.B. was substantially justified in rejecting the offer, as it was based on outdated billing records and did not reflect the actual work done.The United States Court of Appeals for the Second Circuit reviewed the case. The court affirmed the district court's judgment, holding that the district court applied the correct standard in determining substantial justification. The appellate court agreed that a prevailing parent under the IDEA can be substantially justified in rejecting a settlement offer if they have a good-faith, reasonable belief that the offer does not adequately compensate for the work performed. The court found no abuse of discretion in the district court's findings and reasoning, concluding that the rejection of DOE's offer was substantially justified. View "N.G.B. v. New York City Department of Education" on Justia Law

A wholesale food supplier, Vista Food Exchange, Inc. ("Vista"), sued Comercial De Alimentos Sanchez S De R L De C.V. ("Sanchez") for breach of contract, alleging that Sanchez failed to pay for over $750,000 worth of meat products. Vista claimed that Sanchez was required to make payments to Vista's headquarters in New York, but Sanchez contended it had paid the invoices in cash to Vista's salesman, Eduardo Andujo Rascón, in Tijuana, Mexico. Sanchez supported its claim with declarations and documents, including an affidavit from Rascón stating he received the cash payments.The United States District Court for the Southern District of New York granted summary judgment in favor of Sanchez, dismissing Vista's breach-of-contract claim. The court found that Sanchez provided unrefuted evidence of cash payments to Rascón, fulfilling its contractual obligations. It also ruled that even if paying Rascón in cash breached the contract, Vista could not show that its damages were proximately caused by the breach because Rascón's theft of the money was unforeseeable. The court dismissed Vista's other claims for breach of implied contract, promissory estoppel, and unjust enrichment, citing New York law that forecloses such claims when an enforceable contract exists.On appeal, the United States Court of Appeals for the Second Circuit found that genuine disputes of material fact existed regarding Sanchez's claimed performance, the modification of the contract, and the foreseeability of damages. The appellate court vacated the district court's judgment dismissing Vista's claims for breach of contract and unjust enrichment and remanded the case for trial on those claims. The appellate court affirmed the dismissal of Vista's claims for implied contract and promissory estoppel. View "Vista Food Exchange, Inc. v. Comercial de Alimentos Sanchez" on Justia Law

Virginia Giuffre, a victim of Jeffrey Epstein's sexual trafficking, filed a defamation lawsuit against Ghislaine Maxwell, an Epstein associate, in 2015. Giuffre alleged that Maxwell defamed her by calling her statements implicating Maxwell in Epstein’s trafficking “obvious lies.” The case involved extensive discovery, resulting in numerous documents being sealed. The case was settled in 2017, but various third parties, including the Miami Herald Media Company and reporter Julie Brown, sought to unseal the documents.The United States District Court for the Southern District of New York (Judge Preska) reviewed the sealed documents following a remand from the Second Circuit in Brown v. Maxwell. The district court unsealed many documents but declined to unseal others, leading to the current appeal. The district court held that undecided motions rendered moot by the settlement were not judicial documents subject to public access. It also found that certain deposition transcripts and documents involving third parties' privacy interests outweighed the presumption of public access.The United States Court of Appeals for the Second Circuit reviewed the case. The court held that the district court erred in categorically excluding undecided motions from being considered judicial documents. The appellate court clarified that the judicial nature of a document is determined at the time of filing, regardless of subsequent mootness. The court also found that the district court erred in giving a "barely cognizable" presumption of access to Giuffre's Florida deposition transcript and in failing to treat filings related to sealing or unsealing motions as judicial documents.The Second Circuit vacated the district court's orders regarding the undecided motions and the Florida deposition transcript and remanded for further review. The court affirmed the district court's decisions in all other respects. View "Giuffre v. Maxwell" 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

Plaintiffs, consisting of several Cement and Concrete Workers District Council Funds and their fiduciary, sued Defendants Manny P. Concrete Co., Inc. and Manny P. Con Industries, Inc. for failing to make fringe benefit contributions as required by a collective bargaining agreement (CBA). The CBA mandated contributions to the Funds for work performed by employees within its jurisdiction. An audit revealed that Defendants owed significant amounts in unpaid contributions and dues checkoffs.The United States District Court for the Eastern District of New York granted summary judgment in favor of the Plaintiffs. The court deemed the matters within Plaintiffs' Requests for Admissions admitted due to Defendants' failure to respond timely. Consequently, the court found no genuine disputes of material fact and ruled that Plaintiffs were entitled to summary judgment.On appeal, the United States Court of Appeals for the Second Circuit reviewed the district court's decision. The appellate court held that the district court did not abuse its discretion in deeming the matters admitted under Federal Rule of Civil Procedure 36. The court found that the requests sought admissions of fact or the application of law to fact, which are permissible under Rule 36. The appellate court also agreed that Defendants' failure to respond timely constituted implied admissions, and the district court was correct in not allowing Defendants to withdraw or amend these admissions.The Second Circuit affirmed the district court's grant of summary judgment, concluding that there were no genuine disputes of material fact regarding the contributions owed by Defendants. The court noted that Defendants' arguments and evidence did not sufficiently counter the admissions and findings from the audit. Thus, the judgment of the district court was affirmed. View "Cement and Concrete Workers District Council Welfare Fund v. Manny" 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

A bus driver, Wendy Alberty, was involved in an incident where she locked a passenger in the luggage compartment of a bus during a layover. The passenger called the police from inside the compartment, leading to Alberty's arrest for reckless endangerment and breach of the peace, with an additional charge of unlawful restraint added later. All charges were eventually dropped, and Alberty sued three police officers for false arrest, malicious prosecution, and retaliatory prosecution, claiming lack of probable cause.The United States District Court for the District of Connecticut granted summary judgment in favor of the defendants, holding that the officers had probable cause to arrest Alberty and arguable probable cause to prosecute her. Alberty appealed the decision.The United States Court of Appeals for the Second Circuit reviewed the case and affirmed the district court's decision. The appellate court concluded that the officers had probable cause to arrest Alberty based on the evidence available at the time, including the passenger's 911 call, her identification of Alberty, and statements from another bus driver about company policy. The court also found that the officers had probable cause to prosecute Alberty for all charges, despite a video suggesting the incident might have been accidental. The court held that the video and the opinion of a trooper who viewed it did not dissipate probable cause. Consequently, the court affirmed the dismissal of Alberty's claims for false arrest, malicious prosecution, and retaliatory prosecution. View "Alberty v. Hunter" on Justia Law

Plaintiffs, American service members and civilians injured or killed in terrorist attacks in Afghanistan, along with their family members, sued Deutsche Bank, Standard Chartered Bank (SCB), and Danske Bank under the Anti-Terrorism Act (ATA) as amended by the Justice Against Sponsors of Terrorism Act (JASTA). They alleged that the banks aided and abetted terrorist organizations by providing banking services to customers involved in tax fraud and money laundering schemes, with proceeds allegedly funding terrorist activities. Plaintiffs also claimed SCB aided the attacks by providing banking services to fertilizer companies whose products were used to make bombs.The United States District Court for the Eastern District of New York dismissed the plaintiffs' amended complaint in its entirety for failure to state a claim. The court found that the plaintiffs did not establish a sufficient nexus between the banks' actions and the terrorist acts that caused their injuries. The court dismissed the complaint with prejudice, concluding that further amendment would be futile.The United States Court of Appeals for the Second Circuit reviewed the case and affirmed the district court's dismissal. The appellate court applied the Supreme Court's decision in Twitter, Inc. v. Taamneh, which clarified the pleading standard for aiding-and-abetting claims under JASTA. The court held that the plaintiffs did not plausibly allege that the banks were generally aware of their role in the terrorist activities or that they provided knowing and substantial assistance to the terrorist organizations. The court emphasized that the plaintiffs' allegations were too attenuated and speculative to support a claim of aiding-and-abetting liability under JASTA. View "Wildman v. Deutsche Bank" on Justia Law

Pedro Hernandez, a New York State prisoner, was convicted of the 1979 kidnapping and murder of six-year-old Etan Patz. The case hinged on Hernandez's confessions, as there was no physical evidence linking him to the crime. Hernandez, who has a history of mental illness and low IQ, initially confessed to the crime after seven hours of unwarned questioning by police. After this confession, he was given Miranda warnings and repeated his confession on video. He later confessed again to an Assistant District Attorney.Hernandez's first trial ended in a hung jury. In his second trial, the jury convicted him of felony murder and kidnapping but acquitted him of intentional murder. During deliberations, the jury asked the trial court if they must disregard Hernandez's post-Miranda confessions if they found his initial unwarned confession involuntary. The trial court answered "no," without further explanation. Hernandez appealed, arguing that this instruction violated the Supreme Court's ruling in Missouri v. Seibert, which addresses the admissibility of confessions obtained through a two-step interrogation process.The New York Supreme Court, Appellate Division, affirmed the conviction, holding that the trial court's instruction was correct and that any error was harmless. Hernandez's petition for habeas relief was denied by the United States District Court for the Southern District of New York, which found the trial court's instruction erroneous but concluded that the error was harmless under the Antiterrorism and Effective Death Penalty Act (AEDPA).The United States Court of Appeals for the Second Circuit reviewed the case and concluded that the trial court's instruction was contrary to clearly established federal law under Seibert and that the error was not harmless. The court reversed the district court's decision and remanded the case for the conditional granting of the writ, ordering Hernandez's release unless the state affords him a new trial within a reasonable period. View "Hernandez v. McIntosh" on Justia Law