Free US Court of Appeals for the Second Circuit case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | US Court of Appeals for the Second Circuit March 27, 2021 |
|
|
Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | |
US Court of Appeals for the Second Circuit Opinions | The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith | Docket: 19-2420 Opinion Date: March 26, 2021 Judge: Gerard E. Lynch Areas of Law: Copyright, Intellectual Property | The Second Circuit reversed the district court's grant of summary judgment to the Foundation on its complaint for a declaratory judgment of fair use and the district court's dismissal of defendant's counterclaim for copyright infringement. This case involves visual art works by Andy Warhol based on a 1981 photograph of the musical artist Prince that was taken by defendant, Lynn Goldsmith, in her studio, and in which she holds copyright. The court concluded that the district court erred in its assessment and application of the fair-use factors and that the works in question do not qualify as fair use as a matter of law. In this case, the court considered each of the four factors and found that each favors defendant. Furthermore, although the factors are not exclusive, the Foundation has not identified any additional relevant considerations unique to this case that the court should take into account. The court likewise concluded that the Prince Series works are substantially similar to the Goldsmith Photograph as a matter of law. Accordingly, the court remanded for further proceedings. | | Ashley v. City of New York | Docket: 19-2726 Opinion Date: March 26, 2021 Judge: Guido Calabresi Areas of Law: Criminal Law | Plaintiff filed suit under 42 U.S.C. 1983, alleging false arrest, malicious prosecution, and the denial of his right to a fair trial. On appeal, plaintiff challenged the district court's grant of summary judgment to Detective Civil on his false arrest and malicious prosecution claims, and the denial of plaintiff's motion for judgment as a matter of law, asserting errors in the jury instructions, both with respect to his fair trial claim. Although the district court erred by relying on a credibility determination, the Second Circuit affirmed the district court's grant of summary judgment to the detective on the claims for false arrest and malicious prosecution. In this case, the summary judgment record before the district court was sufficient to establish probable cause without relying on the detective's familiarity with plaintiff's possessions and hence on his credibility. Furthermore, the facts that support probable cause to arrest here were sufficient to "lead a reasonably prudent person to believe the plaintiff guilty," as required for probable cause to prosecute a claim. As to the fair trial claim, the court affirmed the denial of plaintiff's motion for judgment as a matter of law. However, the court vacated the judgment in favor of the detective and remanded for a new trial because the jury instructions contained prejudicial error. | | United States v. Bryant | Docket: 20-1078 Opinion Date: March 26, 2021 Judge: Per Curiam Areas of Law: Criminal Law | The Second Circuit held that defendant does not qualify for relief afforded by Section 401(a) of the First Step Act. Defendant was convicted in 2007 of conspiracy to distribute more than 50 grams of cocaine base in violation of 21 U.S.C. 812, 841(a), 841(b)(1)(A), and 846 (Count One), among other offenses, and sentenced principally to a 300-month term of imprisonment. The district court reduced his term of imprisonment to 215 months in 2020. The court concluded that the plain text of Section 401(c) limits the retroactive effect of Section 401(a), making its relief available to defendants who committed offenses before the First Step Act became law but only if they have not yet had a sentence imposed as of the date of enactment. The court also concluded that Section 404(b) of the First Step Act does not require a district court to engage in "plenary resentencing" or "recalculate an eligible defendant's Guidelines range, except for those changes that flow from Sections 2 and 3 of the Fair Sentencing Act," United States v. Moore, 975 F.3d 84, 92 (2d Cir. 2020). In this case, because defendant's original sentence on Count One was imposed in 2007—long before the date of the enactment of the First Step Act—he is precluded by Section 401(c) from benefiting from Section 401(a)'s changes to the sentencing enhancement of Section 841(b)(1)(A), which are unrelated to Sections 2 and 3 of the Fair Sentencing Act. Accordingly, the court affirmed the district court's 2020 order. | |
|
About Justia Opinion Summaries | Justia Daily Opinion Summaries is a free service, with 68 different newsletters, covering every federal appellate court and the highest courts of all US states. | Justia also provides weekly practice area newsletters in 63 different practice areas. | All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com. | You may freely redistribute this email in whole. | About Justia | Justia is an online platform that provides the community with open access to the law, legal information, and lawyers. |
|
|