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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Mar
28
2024
Same Product in Different Packaging May Constitute Separate Market for Antitrust Purposes McDermott Will & Emery
Aug
20
2011
Really, “You Don’t Mess with the Zohan” McDermott Will & Emery
Sep
2
2014
Res judicata Does Not Bar Claims Arising After Prior Litigation, Even One Based on Similar Conduct McDermott Will & Emery
Jul
1
2016
Certification Mark May Be Infringed Despite Nominative Fair Use, Lack of Source Confusion McDermott Will & Emery
Jul
27
2016
DMCA Safe Harbor Protection Includes Pre-1972 Recordings McDermott Will & Emery
Dec
21
2017
IRS Required to Obtain Supervisory Approval to Assert Penalties McDermott Will & Emery
Jul
2
2018
Son of Granholm Inches Closer McDermott Will & Emery
May
18
2012
Caution Canal Street Counterfeiters—Plaintiffs May Recover Attorneys’ Fees in Addition to Statutory Damages McDermott Will & Emery
Sep
9
2012
No-Challenge Clauses Do Not Bar Later Challenges to Patent Validity McDermott Will & Emery
Nov
4
2012
No Compulsory License for Internet Streaming McDermott Will & Emery
Jan
1
2013
Pleading Unjust Enrichment Does Not Support a Claim for the Underlying Trade Secret Misappropriation McDermott Will & Emery
Sep
2
2014
Two-Party Market: Presumption of Confusion and Injury McDermott Will & Emery
Jul
2
2015
Second Circuit Appellate Court Weighs In on Pharmaceutical “Product Hopping” McDermott Will & Emery
Jul
2
2016
Second Circuit Affirms Dismissal of Sham Citizen Petition Claim, Summary Judgment on False Advertising Claims McDermott Will & Emery
Jan
31
2017
It’s in the Bag: True Parody Cannot Dilute Famous Mark McDermott Will & Emery
Dec
21
2018
Second Circuit Joins Majority in Applying Octane Fitness to Lanham Act McDermott Will & Emery
Jun
10
2019
If the DEA Does Not Quickly Reexamine Marijuana’s Classification Under the Controlled Substance Act, the Second Circuit Might McDermott Will & Emery
Oct
17
2019
Federal District Court Dismisses Pension Actuarial-Equivalence Lawsuit McDermott Will & Emery
May
19
2020
What’s the Deal with Comedians?: Too Late for Copyright Claim against Seinfeld McDermott Will & Emery
Jan
2
2013
Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions McDermott Will & Emery
Apr
4
2013
U.S. Polo Association Infringes Ralph Lauren Trademark in Fragrances McDermott Will & Emery
Jun
29
2013
Second Circuit Revives Trademark Suit Against Oprah Winfrey McDermott Will & Emery
Aug
30
2013
Default Judgment Affirmed Against Imposter Re: Trademark Litigation McDermott Will & Emery
Dec
16
2013
Supreme Court Takes Case About Company Stock Funds and Presumption of Prudence McDermott Will & Emery
Apr
18
2014
China's Ministry of Commerce (MOFCOM) Asks Second Circuit to Reverse Judgment Against Chinese Vitamin Manufacturers McDermott Will & Emery
Aug
15
2014
New York District Court Denies Summary Judgment in Broadcast Rights Class Action McDermott Will & Emery
Mar
27
2015
Luck Runs Out for Lucky Brand: Marcel Fashions Group, Inc. v. Lucky Brand Dungarees, Inc. McDermott Will & Emery
Jul
27
2017
Second Circuit Clarifies Fifth Amendment Law, with Implications for US Prosecution of International Cartels McDermott Will & Emery
Mar
2
2018
Discovery Misconduct Can Cost More Than Just Your Case McDermott Will & Emery
Jul
26
2018
Mind Your Own Place of Business McDermott Will & Emery
Nov
29
2018
Lack of Clarity in Consent Decree Dooms Subsequent Injunction McDermott Will & Emery
Jan
30
2019
Second Circuit: No First Sale Doctrine for Reproduced Digital Files McDermott Will & Emery
Jun
11
2019
US Supreme Court to Review Unusual Second Circuit Decision in Stock Drop Case Against IBM McDermott Will & Emery
Aug
21
2020
“Because of Bostock ” – Court Delays HHS Rule Re-interpreting Section 1557 Discrimination “Because of Sex” McDermott Will & Emery
Nov
9
2023
Unfair Play: Unjust Enrichment for Copying and Using Non-Trade-Secret Spreadsheet McDermott Will & Emery
 

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