Second Circuit Revives Lidl Wage Suit Over Time Spent Waiting Outside Locked Stores
A divided panel held that Lidl workers ordered to report 15 minutes early and left outside locked stores were "engaged to wait" and may seek pay for that time.
U.S. Court of Appeals for the Second Circuit
Second Circuit Says Fraud Victims Can't Force Asset Turnover When Payment Schedule Lacks 'Due Immediately' Language
The appeals court ruled that a restitution payment schedule is both a floor and a ceiling unless the sentencing judge specifies full payment is due at once.
Second Circuit Rules Hedge Fund Principals Owe Self-Employment Tax on $141.5 Million
Appeals court adopts functional test for 'limited partner' status, holding that founders who run the business cannot escape the 15.3% tax.
Second Circuit Refuses to Rehear Challenge to Immigration Detention Ruling
In a 11-2 vote, the full appeals court declined to revisit its holding that noncitizens present in the U.S. for years cannot be detained without bond hearings.
Second Circuit Holds REMIC Trust Certificates Are ERISA Plan Assets, Affirms in Part and Remands
The panel ruled that notes issued under indentures are not equity interests, but regular-interest certificates representing beneficial interests trigger the look-through exception, subjecting underlying mortgages to fiduciary duties.
Second Circuit Says IRS May Assess Section 6038(b) Penalties Administratively
The Court of Appeals for the Second Circuit vacated a judgment in Safdieh v. Comm'r and remanded, holding that the Commissioner may assess penalties under Internal Revenue Code Section 6038(b).
Second Circuit Revives Copyright Suit Over XXL's Republication of Viral Michael Jordan Video
The court held that republishing an entire viral clip and using recognizable screenshots can defeat fair-use and de minimis defenses at the pleading stage, though it affirmed dismissal of claims tied to a YouTube-embedded interview.
Second Circuit Upholds 12-Year Fentanyl Sentence After Failed Flight
The panel said Jairo DeJesus was not entitled to acceptance-of-responsibility credit after trying to flee the country and later minimizing his culpability.
Second Circuit Keeps Swiss AT1 Bondholder Suit Out Of US Court
The Second Circuit held that Switzerland's role in the UBS-Credit Suisse rescue was not commercial activity under the Foreign Sovereign Immunities Act, affirming dismissal of bondholders' claims over a $17.3 billion AT1 write-down.
Second Circuit Revives Former Home Care Workers' State Wage Claims
The panel said 1199 SEIU and home healthcare employers could not use a 2015 arbitration agreement to bind workers who had already left their jobs without consent.
2nd Circ. Revives Ex-Home Care Workers' Wage Suits
The Second Circuit said former 1199 SEIU-represented home healthcare workers who left before a 2015 arbitration agreement are not bound by wage-and-hour arbitration awards confirmed in federal court.