2nd Circuit (incl. bankruptcy)

The National Law Review regularly publishes articles on The United States Second Circuit Court of Appeals. It is the second of the 13-federal circuits which make up the United States Court System. The District of Connecticut, the Northern/Southern/Eastern/Western Districts of New York, and the District of Vermont fall under the Second Circuit’s jurisdiction.

The clerk’s office is located at the Thurgood Marshall United States Courthouse in Manhattan, and this is also where the Second Circuit hears cases. In Connecticut, the District Court sits in New Haven. For the Eastern District of New York, the District Court is located in Brooklyn. The Northern District Court in New York sits in Syracuse and the Southern District Court is in New York, NY. The Western District Court sits in Buffalo, and Vermont’s District Court is in Burlington.

The Second Circuit is considered a mid-sized appellate system, as it currently is comprised of 13 active judges and 11 senior judges appointed to hear cases. Judges currently on the bench were appointed during the Clinton, Bush (Jr and Sr), Reagan, Carter, and Obama Presidencies. The Chief Judge for the Second Circuit is Robert A. Katzmann and Ruth Bader Ginsburg is the Circuit Justice for the District.

Several famous cases have set precedent for future decisions which have gone through the Second Circuit courthouses. United States v. One Book Called Ulysses (1933) is one of the most famous cases. It held that “offensive language” in the novel Ulysses, was not considered obscene. The case set precedent for free expression in literature, and the case is still widely cited nearly a century later.

The The National Law Review includes: tax court cases, bankruptcy filings, appeals from final judgment orders, hearing of extraordinary writs (cert), reviews of enforcement orders, administrative officer appeals, and more. The Federal Circuit also has original jurisdiction from all matters arising out of Constitutional question/issues, Treatises, Laws of the United States, and cases in equity which arise between parties. Immigration or naturalization cases falling under the Federal Circuit are also covered on The National Law Review website.

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May
29
2009
Second Circuit Recognizes Title VII Association Claim
Jun
2
2009
Hydrogen Peroxide: The Third Circuit’s “Acid Test” For Class Certification
May
31
2017
Second Circuit Decisions on Current Issues Sills Cummis & Gross P.C.
Dec
9
2010
Restrictive Covenants: There is No Substitute for Careful Drafting Sills Cummis & Gross P.C.
Sep
16
2010
Proving Causation in a Retaliation Claim in the Second Circuit Sills Cummis & Gross P.C.
Mar
26
2010
Second Circuit: Employer May Not Defeat Harassment Claim By Arguing That Employee Did Not Take Advantage Of All Internal Complaint Options Sills Cummis & Gross P.C.
May
29
2009
New York Resolves Uncertainty Over Whistleblower Waiver And Scope Issues Sills Cummis & Gross P.C.
May
29
2009
Supreme Court Decides Exhaustion and Evidence Cases Sills Cummis & Gross P.C.
Apr
19
2024
Supreme Court Keeps Focus of Arbitration Exemption on Workers’ Responsibilities Sills Cummis & Gross P.C.
May
22
2010
The Faragher-Ellerth Defense: Inapplicable to Harassment and Retaliation Claims under the New York City Human Rights Law Sills Cummis & Gross P.C.
Mar
4
2020
Federal Preemption in the Wake of Albrecht: The U.S. Supreme Court Unexpectedly Levels the Playing Field Sills Cummis & Gross P.C.
Jun
1
2022
Former NFT Marketplace Employee Charged with Insider Trading Sheppard, Mullin, Richter & Hampton LLP
Nov
3
2010
Delaware Supreme Court Clarifies Law Regarding Standing of Plaintiff-Shareholders to Bring a Post-Merger Double Derivative Action Sheppard, Mullin, Richter & Hampton LLP
Mar
11
2013
Second Circuit Reverses Dismissal of Securities Act Violation Claims, Holding that Plaintiff's Allegations Were Sufficient to Plead a Reasonable Inference of Misrepresentations in a Prospectus Sheppard, Mullin, Richter & Hampton LLP
Mar
31
2014
The Digital Millennium Copyright Act (DMCA): Seeking Safe Harbor in a Sea of Troubles Sheppard, Mullin, Richter & Hampton LLP
May
21
2015
What is Retaliation in Second Circuit Under the FLSA? Sheppard, Mullin, Richter & Hampton LLP
Nov
3
2017
Knox v. John Varvatos Enterprises, Inc: Court Grants Conditional Certification Of Equal Pay Act Collective, But Denies Equitable Tolling To Claims Of Opt-In Plaintiffs Sheppard, Mullin, Richter & Hampton LLP
Apr
17
2018
Second Circuit Limits Reach of SLUSA Preclusion in State Law Variable Annuity Class Action Sheppard, Mullin, Richter & Hampton LLP
May
27
2020
Second Circuit Holds That Investors Who Delegate Discretionary Authority to Investment Advisors are not Members of a “Group” for Purposes of Section 16(b) Liability Sheppard, Mullin, Richter & Hampton LLP
Aug
4
2022
Second Circuit Limits Scope of SEC Whistleblower Incentives Sheppard, Mullin, Richter & Hampton LLP
Jul
1
2010
Second Circuit Rejects $2 Billion Class Action Award Against The Republic of Argentina Sheppard, Mullin, Richter & Hampton LLP
Feb
7
2013
Art Law: Russian Revolution Redux - Seized Painting During Russian Revolution Sheppard, Mullin, Richter & Hampton LLP
Mar
12
2013
U.S. Court of Appeals (2nd Circuit) Orders Argentina To Submit Proposal For Alternative Payment Plan To Avoid Debt Default... Again Sheppard, Mullin, Richter & Hampton LLP
May
10
2014
Second Circuit Applies Morrison v. National Australia Bank to Allow Certain Extraterritorial Application of RICO Sheppard, Mullin, Richter & Hampton LLP
Jul
7
2014
Second Circuit Overturns District Court’s Rejection of SEC-Citigroup Fraud Settlement Sheppard, Mullin, Richter & Hampton LLP
Dec
29
2014
Second Circuit Holds RMBS-issued (Residential Mortgage-backed Securities) Certificates Are Exempt from the Trust Indenture Act (TIA) Sheppard, Mullin, Richter & Hampton LLP
Nov
3
2017
Lynch v. The City Of New York: Court Decertifies FLSA Collective Alleging Claims for Unpaid Overtime Sheppard, Mullin, Richter & Hampton LLP
May
12
2020
“Happy Cows” False Labeling Theory is Just “Half Baked”: Court Dismisses False Advertising Claims Against Ben & Jerry’s Sheppard, Mullin, Richter & Hampton LLP
Nov
17
2023
Ninth Circuit Provides Guidance on SEC Rule 16b-3 Short-Swing Profit Liability Exemption Sheppard, Mullin, Richter & Hampton LLP
Nov
19
2010
Fifth Circuit Rejects Section 10(B) Scheme Liability in Absence of Explicit Attribution of Conduct or Statements to Defendant Sheppard, Mullin, Richter & Hampton LLP
Oct
13
2011
Second Circuit Finds that Employers May be Obligated to Accommodate a Disabled Employee's Commute Sheppard, Mullin, Richter & Hampton LLP
Apr
30
2013
Appropriate Appropriation: Second Circuit Holds That Commentary on Original Work Unnecessary for Fair Use Defense, Only Transformative Quality Required Sheppard, Mullin, Richter & Hampton LLP
Aug
14
2013
Second Circuit Holds That The Fair Labor Standards Act Does Not Bar The Enforcement of Class Action Waivers Sheppard, Mullin, Richter & Hampton LLP
Jul
7
2014
Call Me Maybe?: The New TCPA Position Announced by The Federal Communications Commission in Nigro v. Mercantile Adjustment Bureau Sheppard, Mullin, Richter & Hampton LLP
Oct
8
2015
Second Circuit Finds EEOC Investigation Not Subject to Review Sheppard, Mullin, Richter & Hampton LLP
 

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