2nd Cir.

United States Court of Appeals for the Second Circuit

Every decision we've summarized from United States Court of Appeals for the Second Circuit.

Feb 26 2025
23-903 Panel Decision

Uviles v. City of New York

The Second Circuit affirmed that the City of New York lawfully detained a parolee pursuant to a warrant that remained facially valid despite the expiration of the statutory deadline for a preliminary hearing. The court held that New York law requires municipal authorities to honor outstanding parole warrants until the state board of parole lifts them, regardless of procedural delays in the state's internal hearing process.

Civil Rights - Section 1983 Constitutional Fourth Amendment - Search & Seizure Habeas Corpus - General (28 USC 2241)
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Feb 19 2025
22-1506 Panel Decision

DR. AHMED DIAA ELDIN ALI HUSSEIN v. DR. MOHAMED AHMED MAAIT

The Second Circuit affirmed the dismissal of a suit against Egypt's Finance Minister, holding that Egypt is the real party in interest and entitled to sovereign immunity under the Foreign Sovereign Immunities Act. The court further ruled that the district court properly exercised its discretion to enlarge the time for removal and that the plaintiff waived arguments regarding FSIA exceptions.

Civil Securities
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Feb 13 2025
22-861 Panel Decision

United States v. Mangano

The Second Circuit reversed Edward Mangano's convictions for federal programs bribery, ruling the evidence insufficient to prove he was an agent of the Town of Oyster Bay. The court affirmed his convictions for honest services fraud and obstruction of justice, as well as his wife's convictions for those crimes and making false statements.

Criminal Fraud Supervised Release
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Feb 13 2025
22-1377 Panel Decision

Hoffer v. Tellone

The Second Circuit clarified that sanctions for lost electronic evidence under Federal Rule of Civil Procedure 37(e)(2) require a specific finding of intent to deprive the opponent of that information. The court rejected the application of a lesser negligence standard, affirming the district court's denial of an adverse inference instruction in a civil rights excessive force case.

Civil Civil Rights - Section 1983
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Feb 13 2025
22-937 Panel Decision

United States v. Mangano

The Second Circuit reversed Edward Mangano's federal programs bribery convictions, ruling that the evidence was insufficient to prove he was an agent of the Town of Oyster Bay. The court affirmed his honest services fraud and obstruction of justice convictions, holding that the jury instructions were proper and the evidence sufficient to support those charges.

Criminal Fraud
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Feb 12 2025
22-1982 Panel Decision

United States v. Kelly

The Second Circuit affirmed R. Kelly's RICO and Mann Act convictions, rejecting challenges to the sufficiency of the evidence and the constitutionality of the underlying state laws. The court also upheld the district court's evidentiary rulings, jury selection process, and restitution orders, leaving the defendant subject to his original sentence and financial penalties.

Constitutional Habeas Corpus - General (28 USC 2241) Sixth Amendment - Ineffective Assistance of Counsel Supervised Release
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Feb 12 2025
22-1481 Panel Decision

United States v. Kelly

The Second Circuit affirmed Robert Sylvester Kelly's RICO and Mann Act convictions, ruling that sufficient evidence supported each count and that the underlying state laws were constitutional as applied to him. The court rejected claims of juror bias, ineffective assistance during voir dire, and errors in evidentiary rulings and restitution orders.

Constitutional Habeas Corpus - General (28 USC 2241) Sixth Amendment - Ineffective Assistance of Counsel Supervised Release
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Feb 5 2025
23-634 Panel Decision

Xerox Corp. v. Local 14A, Rochester Reg'l Joint Bd.

The Second Circuit vacated a district court ruling that denied arbitration of a dispute over retiree benefits, holding that the collective bargaining agreement contained language reasonably susceptible to interpretation as vesting benefits beyond the contract's expiration. The court remanded the case to allow a trier of fact to resolve the ambiguity regarding the parties' intent, particularly in light of conflicting reservation-of-rights clauses.

Civil ERISA / Employee Benefits Labor
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Feb 4 2025
22-3097 Panel Decision

Schansman v. Sberbank of Russia PJSC

The Second Circuit held that the Foreign Sovereign Immunities Act's commercial activity exception applies to claims brought under the Anti-Terrorism Act, abrogating sovereign immunity for a Russian state-owned bank. The court further ruled for the first time that the ATA's immunity provisions cover foreign state instrumentalities, not just agencies.

Civil Labor
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Feb 3 2025
22-3076 Panel Decision

In re Shanda Games Ltd. Sec. Litig.

The Second Circuit vacated the dismissal of a securities fraud class action, holding that minority shareholders adequately alleged loss causation and that the scienter of conflicted directors is imputable to the company. The court ruled that the fraud-on-the-market presumption applies to shareholders who forfeited appraisal rights in a freeze-out merger, allowing the case to proceed to trial.

Criminal Embezzlement & Forgery
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