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
5
2020
3M Takes Action to Protect Its Brand from Price Gouging And Trademark Infringement Sheppard, Mullin, Richter & Hampton LLP
Aug
28
2009
Second Circuit Resolves Split Between the Circuits Regarding Sale of Keywords to Trigger Sponsored Links and "Use in Commerce" Under the Lanham Act Sheppard, Mullin, Richter & Hampton LLP
Apr
18
2011
Tweet Me! - The Southern District of New York Answers Copyright Questions Raised By Twitter and Twitpic Use Sheppard, Mullin, Richter & Hampton LLP
Mar
9
2013
Line in the Sand: Siemens Argentina Case Limits Personal Jurisdiction Under the "FCPA" Foreign Corrupt Practices Act Sheppard, Mullin, Richter & Hampton LLP
Jun
29
2013
Second Circuit Reaffirms Continued Use of the "Knowing Possession" Causation Standard in Rajaratnam Insider Trading Case Sheppard, Mullin, Richter & Hampton LLP
Jul
27
2015
Second Circuit Court of Appeals Adopts “Primary Beneficiary Test” and Provides Guidance on the Unpaid Intern Question Sheppard, Mullin, Richter & Hampton LLP
Mar
12
2016
Second Circuit Tosses Out Time-Barred Copyright Claims Against Jay Z Sheppard, Mullin, Richter & Hampton LLP
Apr
4
2016
Second Circuit Narrowly Applies Supreme Court’s Decision in Omnicare Sheppard, Mullin, Richter & Hampton LLP
Oct
15
2016
No Protection for Network Marketing Provider That Had Knowledge and Authority to Control Deceptive Conduct of Affiliates Sheppard, Mullin, Richter & Hampton LLP
Sep
30
2017
Court Denies Conditional Certification of Collective in Favor of Compelling Arbitration Sheppard, Mullin, Richter & Hampton LLP
Dec
26
2017
Cesari S.R.L. v. Peju Province Winery L.P.: Relying on Supreme Court Precedent, District Court Holds that Trademark Trial & Appeal Board Finding of Likelihood of Confusion has Preclusive Effect Sheppard, Mullin, Richter & Hampton LLP
Aug
30
2009
What Is the Jurisdictional Pre-Requisite for Copyright Litigation?: Do Denim v. Fried Denim Sheppard, Mullin, Richter & Hampton LLP
Jun
14
2010
Second Circuit Affirms Dismissal Of Securities Fraud Complaint, But Rejects Reform Act Safe Harbor Defense Sheppard, Mullin, Richter & Hampton LLP
Oct
21
2010
Information Sharing On The Internet May Mean Fewer Confidential Trade Secrets Sheppard, Mullin, Richter & Hampton LLP
May
13
2011
Reinstatement of Debt: A Bankruptcy Court's Strict Interpretation and Application of Change-in-Control Provisions to Protect Senior Secured Lenders Sheppard, Mullin, Richter & Hampton LLP
Sep
18
2011
Second Circuit Holds that Falsity of Estimates of Goodwill and Loan Loss Reserves For Purposes of Sections 11 and 12(a)(2) of the Securities Act of 1933 Hinges on the Speakers' Subjective Belief in the Estimates' Accuracy Sheppard, Mullin, Richter & Hampton LLP
Mar
9
2013
Eastern and Southern New York District Courts Compel Plaintiffs to Arbitrate their FLSA Collective Action Claims on an Individualized Basis Sheppard, Mullin, Richter & Hampton LLP
Oct
25
2013
Second Circuit Applies Morrison to Criminal Prosecution Under Section 10(b) and Rule 10b-5 Sheppard, Mullin, Richter & Hampton LLP
Feb
11
2014
Attacking LBO (Leveraged Buyout) Payouts as State Law Fraudulent Transfers Sheppard, Mullin, Richter & Hampton LLP
Mar
22
2014
Second Circuit Upholds SEC’s Authority to Obtain Disgorgement from Non-Trading Insider Profits Earned by Portfolio Fund from Insider Trading Sheppard, Mullin, Richter & Hampton LLP
Sep
4
2014
Second Circuit Defines “Customer” for Mandatory FINRA Arbitration Sheppard, Mullin, Richter & Hampton LLP
Oct
22
2014
Employer Permitted to Use “After-Acquired” Evidence at Discrimination Trial Sheppard, Mullin, Richter & Hampton LLP
Jan
26
2015
Second Circuit Notes Split with Ninth Circuit Over Whether Failure to Make Adequate Disclosures Under Item 303 of Regulation S-K May Serve as Basis for a Section 10(b) Claim Sheppard, Mullin, Richter & Hampton LLP
Sep
12
2017
Court Confirms Report & Recommendation Decertifying FLSA Collective of Assistant Managers Sheppard, Mullin, Richter & Hampton LLP
Sep
30
2017
NY Court Largely Denies Motion to Dismiss Overtime Claims Under FLSA and NYLL Sheppard, Mullin, Richter & Hampton LLP
Mar
30
2019
Second Circuit Affirms “Snap” Removal Practice Sheppard, Mullin, Richter & Hampton LLP
Nov
16
2021
Are Flavor Cases Fizzling? Two More Courts Grant Motions to Dismiss Sheppard, Mullin, Richter & Hampton LLP
Oct
19
2023
NY Federal Court Rules CFPB Vicarious Liability Suit Can Proceed Sheppard, Mullin, Richter & Hampton LLP
Dec
10
2023
Second Circuit Finds Art Collective Can’t Use First Amendment to Skate Out of Injunction Sheppard, Mullin, Richter & Hampton LLP
Aug
31
2009
Joseph Abboud Is Back: Personal Name Trademark Controversy Continues Sheppard, Mullin, Richter & Hampton LLP
Oct
30
2010
Reversal Of Decision In Bayou Group Bankruptcy Offers Little Guidance For The Institutional Investor Wishing To Redeem From A Fraudulent Ponzi Scheme Sheppard, Mullin, Richter & Hampton LLP
May
17
2011
AT&T Mobility LLC v. Concepcion - What Does It Mean For Class Arbitration And Class Actions In Federal Antitrust Cases? Sheppard, Mullin, Richter & Hampton LLP
May
24
2013
Second Circuit Holds that Allegations of Direct Fraudulent Representations Are Necessary for Market Manipulation Claims Under Section 10(b) and Rule 10b-5 Sheppard, Mullin, Richter & Hampton LLP
Jul
2
2013
Foreign Trade Antitrust Improvements Act Defeats Claim Against Holder Of Patent Incorporated Into Industry Standard Sheppard, Mullin, Richter & Hampton LLP
Aug
4
2014
Southern District of New York Magistrate Judge Clarifies FLSA “Computer Professional” Exemption Sheppard, Mullin, Richter & Hampton LLP
 

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