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

In 2021, Second Circuit issued an opinion affirming in part and reversing in part the convictions of Defendants after trial in the district court. Among other things, the Second Circuit affirmed Defendants’ convictions under 18 U.S.C. Section 924(c) for brandishing firearms during and in relation to attempted Hobbs Act robberies. The Supreme Court vacated the Second Circuit’s judgment and remanded to the Second Circuit for further consideration in in light of its decision in United States v. Taylor, 142 S. Ct. 2015 (2022). See McCoy v. United States, 142 S. Ct. 2863 (2022); Nix v. United States, 142 S. Ct. 2860 (2022).   The Second Circuit reversed Defendants’ section 924(c) convictions on Counts 4 and 6 for brandishing firearms during and in relation to attempted Hobbs Act robberies. The court agreed after Taylor, attempted Hobbs Act robbery no longer qualifies as a crime of violence under section 924(c)(3)(A). More specifically, the Supreme Court explained that attempted Hobbs Act robbery is not a crime of violence pursuant to section 924(c)(3)(A)’s elements clause because an attempt does not categorically require the government to prove that the defendant used, attempted to use, or threatened to use force against the person or property of another. View "United States v. McCoy" on Justia Law

Plaintiff, a South Asian-American woman, began working for Bloomberg’s Dubai news bureau as a Persian Gulf economy and government reporter. Plaintiff informed Bloomberg that she wished to transfer to its New York or Washington, D.C. bureaus because of her husband’s job location. Plaintiff ultimately obtained a position at Bloomberg L.P. (“Bloomberg”) in the Washington, D.C. bureau reporting on cybersecurity.   When Plaintiff subsequently asked why she had not been considered for the U.N. position, her team leader responded that Plaintiff had never said that she wanted to cover foreign policy; he also advised her that she had to advocate for herself if she wanted to advance at Bloomberg. On behalf of herself and other similarly situated individuals, Plaintiff – now a resident of California – filed a class-action lawsuit in New York state court against Bloomberg and several of its employees; shortly thereafter, she amended her complaint. Thereafter, Bloomberg moved to dismiss under Rule 12(b)(6). The district court dismissed all of Plaintiff’s claims against Bloomberg, including her NYCHRL and NYSHRL claims based on Bloomberg’s failure to promote her to positions in New York.   The Second Circuit concluded that the issue implicates a host of important state interests. Thus it reversed the district court’s decision and certified the following question: whether a nonresident plaintiff not yet employed in New York City or State satisfies the impact requirement of the New York City Human Rights Law (the “NYCHRL”) or the New York State Human Rights Law (the “NYSHRL”) if the plaintiff pleads and later proves that an employer deprived the plaintiff of a New York City- or State-based job opportunity on discriminatory grounds. View "Syeed v. Bloomberg L.P." on Justia Law

Petitioner pleaded guilty to two counts: conspiracy to commit Hobbs Act robbery and unlawful use of a firearm in furtherance of a crime of violence. In his plea agreement, Petitioner waived his right to appeal or collaterally challenge his convictions and sentence so long as the district court sentenced him to a term of imprisonment equal to or less than 106 months. He was sentenced principally to 96 months imprisonment. Petitioner appealed the district court’s order denying his motion under 28 U.S.C. Section 2255 to vacate his section 924(c)(1)(A) conviction and his corresponding sentence. He contends that the Supreme Court’s decisions in Johnson v. United States, 576 U.S. 591 (2015), and United States v. Davis, 139 S. Ct. 2319 (2019), invalidate his conviction on that count. The government disputes primarily that Petitioner’s guilty plea to the section 924(c)(1)(A) conviction rested solely on Hobbs Act robbery conspiracy, contending that the conviction also rested on the predicate crime of attempted Hobbs Act robbery. The government asserts that the record is sufficient to support Petitioner’s guilt based on attempted Hobbs Act robbery.   The Second Circuit reversed the district court’s order denying Petitioner relief under section 2255, vacated Petitioner’s conviction and related sentence under 18 U.S.C. Section 924(c)(1); and remanded to allow resentencing. The court explained that on de novo review, and in light of the Supreme Court’s recent decision in United States v. Taylor, 142 S. Ct. 2015 (2022), that attempted Hobbs Act robbery is not a “crime of violence.” Thus, the court concluded that Petitioner’s conviction under section 924(c)(1)(A) is invalid. View "Hall v. United States" on Justia Law

Petitioner, a native and citizen of Guyana, sought a review of a decision of the BIA affirming a decision of an Immigration Judge (“IJ”) ordering Petitioner’s removal based on a prior aggravated felony conviction. At issue is whether Petitioner’s conviction for attempted first-degree assault in violation of New York Penal Law Sections 110.00, 120.10(1) is a crime of violence under 18 U.S.C. Section 16(a).   The Second Circuit concluded that it is and denied the petition for review. The court explained that Petitioner’s argument that NYPL Section 120.10(1) is not a crime of violence because the statute does not use the words “physical force” fails because the intent to cause serious physical injury, particularly in combination with the deadly weapon or dangerous instrument element, necessarily encompasses the use of violent force required under Section 16(a). View "Singh v. Garland" on Justia Law

An attorney appealed from orders of the Committee on Grievances of the Board of Judges of the United States District Court for the Eastern District of New York (the “Committee”) finding her liable for violating various provisions of the New York Rules of Professional Conduct and imposing sanctions for these violations, including a six-month suspension from practicing law in the Eastern District. On appeal, the attorney argued that the Committee (1) deprived her of due process by failing to afford her with reasonable notice of the charges and an adequate opportunity to defend against the charges, (2) failed to substantiate each element of the charges by clear and convincing evidence, and (3) imposed a punishment that was excessive in light of the putative lack of harm to the public. She has also requested that we maintain her appeal under seal, arguing that public disclosure of her identity would cause her reputational harm.   The Second Circuit affirmed the orders of the Committee and ordered that the docket in this appeal, and all its contents, be unsealed. The court explained that the attorney violated her most basic duty to the vulnerable clients who depended on her: to provide them with diligent, competent representation. Along the way, her neglectful and discourteous conduct harmed the administration of justice itself. The Committee’s evidence establishing as much was unassailable. Further, the court wrote that to the extent that the attorney’s sufficiency-of-the-evidence challenge relies on her contention that it was improper for the Committee to consider filings and transcripts from her non-disciplinary matters in the Eastern District, it fails. View "In re Demetriades" on Justia Law

Smarter Tools Inc. (“STI”) appeals the district court’s judgment denying STI’s petition to vacate an arbitral award and granting Chongqing SENCI Import & Export Trade Co., Ltd.’s and Chongqing AM Pride Power & Machinery Co. Ltd.’s (collectively, “SENCI”) cross-petition to confirm that award. The district court agreed with STI that the arbitrator exceeded his authority by failing to provide a reasoned award as requested by the parties. The district court remanded to allow the arbitrator to issue a reasoned award. On remand, the arbitrator issued a final amended award, which STI again challenged in district court on the grounds that the award was not reasoned and that it reflected a manifest disregard of the law, and which SENCI again cross-petitioned to confirm. The district court denied STI’s petition to vacate the award and granted SENCI’s cross-petition to confirm the award.   STI’s primary argument on appeal is that the district court erred in remanding for the arbitrator to issue a reasoned award, in contravention of the doctrine of functus officio and the Federal Arbitration Act. Absent a finding of ambiguity, or a minor clerical error, STI argues, once the district court determined that the arbitrator exceeded its authority by failing to issue a  reasoned award, the only remedy available was vacatur.   The Second Circuit affirmed. The court explained that the original award was found not to provide the reasoned award the parties bargained for; in its amended award, the arbitrator clarified the original award by including a rationale for rejecting STI’s counterclaims; and this clarification is consistent with the parties’ intent that the arbitrator issue a reasoned award. View "Smarter Tools Inc. v. Chongqing Senci Import & Export Trade Co., Ltd." on Justia Law

Admiral Insurance Co. (“Admiral”) sought a declaration that it need not defend or indemnify its historical insured, Niagara Transformer Corp. (“Niagara”), in potential litigation between Niagara and nonparties Monsanto Co., Pharmacia LLC, and Solutia Inc. (collectively, “Monsanto”) over harms caused by polychlorinated biphenyls that Monsanto had sold to Niagara in the 1960s and 1970s. Admiral appealed from the order of the district court dismissing its action for lack of a justiciable “case of actual controversy” within the meaning of the Declaratory Judgment Act (the “DJA”). The district court principally relied on (1) the fact that Monsanto has not commenced or explicitly threatened formal litigation against Niagara, and (2) its assessment that Monsanto would not be likely to prevail in such litigation.   The Second Circuit affirmed the district court’s order dismissing Admiral’s action to the extent that it sought a declaration of Admiral’s duty to indemnify Niagara, and remanded for the district court to determine whether there exists a practical likelihood that Monsanto will file suit against Niagara. The court explained that while the district court properly concluded that it lacked jurisdiction to declare Admiral’s duty to indemnify Niagara, it did not adequately distinguish between that duty and the insurer’s separate duty to defend its insured. Because a declaratory-judgment action concerning either duty becomes justiciable upon a “practical likelihood” that the duty will be triggered, the justiciability of Admiral’s duty-to-defend claim turns on the practical likelihood that Monsanto will file suit against Niagara – not on whether Monsanto has already in fact done so. View "Admiral Ins. Co. v. Niagara Transformer Corp." on Justia Law

Plaintiffs are U.S. service members wounded in terrorist attacks in Iraq and the families and estates of service members killed in such attacks. They appealed from the dismissal of their claims under the Antiterrorism Act (the “ATA”) as amended by the Justice Against Sponsors of Terrorism Act (the “JASTA”), against various financial institutions in the United States and abroad (the “Banks”). As relevant to this appeal, Plaintiffs alleged that the Banks conspired with and aided and abetted Iranian entities to circumvent sanctions imposed by the United States and channel funds to terrorist groups that killed or injured U.S. service members. The district court dismissed Plaintiffs’ JASTA conspiracy claims primarily because Plaintiffs failed to plausibly plead a direct connection between the Banks and the terrorist groups. The district court also declined to consider Plaintiffs’ JASTA aiding-and-abetting claims because they were raised for the first time in Plaintiffs’ motion for reconsideration.   The Second Circuit explained that while it disagreed with the district court’s primary reason for dismissing Plaintiffs’ JASTA conspiracy claims, it affirmed the district court’s judgment because Plaintiffs failed to adequately allege that the Banks conspired – either directly or indirectly – with the terrorist groups, or that the terrorist attacks that killed or injured the service members were in furtherance of the alleged conspiracy to circumvent U.S. sanctions. The court agreed with the district court that Plaintiffs forfeited their JASTA aiding-and-abetting claims by raising them for the first time in a motion for reconsideration. View "Freeman v. HSBC Holdings PLC" on Justia Law

Plaintiff alleged that private educational loan was discharged in bankruptcy. He sued Experian under the Fair Credit Reporting Act (FCRA) for reporting the loan was due and owing. The district court concluded the loan was not discharged in bankruptcy and later declined to set aside summary judgment when Plaintiff proffered newly discovered evidence.   The Second Circuit held that the kind of legal inaccuracy alleged by Plaintiff is not cognizable as an “inaccuracy” under the FCRA, thus the court affirmed, on an alternative ground, the district court’s order granting summary judgment in favor of Experian. Accordingly, the court dismissed as moot Plaintiff’s appeal of the denial of his motion for an indicative judgment. The court explained that Plaintiff has failed to allege an inaccuracy within the plain meaning of section 1681e(b) of the FCRA. The unresolved legal question regarding the application of section 523(a)(8)(A)(i) to Plaintiff’s educational loan renders his claim non-cognizable under the FCRA. The court noted that the holding does not mean that credit reporting agencies are never required by the FCRA to accurately report information derived from the readily verifiable and straightforward application of law to facts. However, the inaccuracy that Plaintiff alleged does not meet this statutory test because it evades objective verification. There is no bankruptcy order explicitly discharging this debt. View "Mader v. Experian" on Justia Law

Plaintiff brought a lawsuit against Allianz Life Insurance Company of North America (“Allianz”) in Plaintiff’s capacity as a trustee of the Zupnick Family Trust 2008A (“Trust”). Plaintiff sought a declaratory judgment that an Allianz life insurance policy (“Zupnick Policy”), which Plaintiff contends is owned by the Trust, remains in effect. The district court concluded that the Trust was not the actual owner of the Zupnick Policy under New York law because any assignment of the policy to the Trust failed to comply with the Zupnick Policy’s provision that assignment would be effective upon Allianz’s receipt of written notice of the assignment. The district court held that the Trust lacked contractual standing to sue on the Zupnick Policy, and granted Allianz’s motion to dismiss. On appeal, Plaintiff argued that failure to comply with the provisions of a life insurance policy requiring written notice of assignment cannot, under New York law, render an assignment ineffective.   The Second Circuit certified the question to the Court of Appeals because the argument turns on a question of state law for which no controlling decision of the New York Court of Appeals exists. The court certified the following question: Where a life insurance policy provides that “assignment will be effective upon Notice” in writing to the insurer, does the failure to provide such written notice void the assignment so that the purported assignee does not have contractual standing to bring a claim under the Policy? View "Brettler v. Allianz Life Insurance Company of North America" on Justia Law