NY Daily Record Since 1908

United States Court of Appeals for the Second Circuit Declaratory Judgment Act Duty to defend – Explicit threat of litigation Admiral Ins. Co. v. Niagara Transformer Corp. 21-2733 Judges Calabresi, Cabranes, and Sullivan Background: The plaintiff sought a declaration that ...

United States Court of Appeals for the Second Circuit Justice Against Sponsors of Terrorism Act Direct or indirect connection Freeman v. HSBC Holdings PLC 19-3970 Judges Jacobs, Sullivan, and Brown Background: The plaintiffs-appellants are service members wounded in terrorist attacks ...

United States Court of Appeals for the Second Circuit Fair Credit Reporting Act Private student loan – Legal inaccuracy Mader v. Experian 20-3073(L) Judges Lohier, Carney, and Nathan Background: The plaintiff appealed from the grant of summary judgment to the ...

United States Court of Appeals for the Second Circuit Life insurance assignment Notice requirement Brettler v. Allianz Life Ins. Co. of North America 19-87 Judges Pooler and Lohier Background: The plaintiff commenced an action in his capacity as a trustee ...

United States Court of Appeals for the Second Circuit Fraud and conspiracy Property and thing of value – CMS information USA v. Blaszczak 18-2811(L) Judges Kearse, Walker, and Sullivan Background: The appeal is returned from the United States Supreme Court ...

United States Court of Appeals for the Second Circuit Medicare Estimates for indigent care – Challenge Yale New Haven Hosp. v. Becarra 20-2115(L) Judges Wesley, Sullivan, and Koeltl Background: The plaintiff argues that the defendant, Secretary of Health and Human ...

United States Court of Appeals for the Second Circuit Title IX Transgender athletes – Standing Soule, et al. v. Connecticut Assoc. of Schools, et al. 21-1365-cv Judges Chin, Carney, and Robinson Background: The plaintiffs appealed form the dismissal of their ...

United States Court of Appeals for the Second Circuit Solvent-debtor Unsecured claims – Impairment In re LATAM Airlines Group S.A. 22-1940 Judges Leval, Chin, and Lee Background: The appeal is from an order that affirmed a Bankruptcy Court order confirming ...

United States Court of Appeals for the Second Circuit Resentencing De Novo review – Discretionary United States v. Pena 20-4192 Judges Sack, Lohier, and Nardini Background: The defendant was charged with five counts in connection with the killings of two ...

United States Court of Appeals for the Second Circuit Commodity Exchange Act Extraterritorial conduct – Antitrust standing Laydon v. Cooperative Rabobank U.A., et al. 20-3626(L) Judges Pooler, Park, and Lee Background: The plaintiff commenced a putative class action against more ...

United States Court of Appeals for the Second Circuit Resentencing Death penalty – Reopen hearing United States v. Zhang 22-1761 Judges Raggi, Wesley, and Nardini Background: The defendant was indicted for participating in a murder-for-hire scheme. The defendant appealed from ...

United States Court of Appeals for the Second Circuit Sentencing Guidelines Career criminal enhancement – Predicate offense USA v. Gibson 20-3049 Judges Kearse, Lohier, and Lee Background: The defendant was sentenced to 60 months in prison following his plea to ...