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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Apr
24
2017
Rite Aid Wins Summary Judgment in TCPA Class Action Over Flu Shot Reminder Calls Faegre Drinker
Aug
24
2017
Second Circuit Issues Important Decision Regarding Online Contract Formation and Arbitration Agreements Faegre Drinker
Jul
1
2020
The Second Circuit Upholds Reg BI Faegre Drinker
Apr
16
2014
High Tide for Lapse Cases? New York Federal Court Holds That Investor Lawsuit Is Not Barred by Statute of Limitations Faegre Drinker
Oct
21
2014
New York ZocDoc Treats Doctor With Some Rule 68 Medicine Faegre Drinker
Feb
23
2015
2015 Promises to Bring Further Clarity to Whether Defendants Can Moot Class Actions by Mooting the Claims of Named Plaintiffs Faegre Drinker
Nov
14
2017
Second Circuit Will Not Revisit Opinion Barring Testimony Compelled by Foreign Sovereigns Faegre Drinker
Nov
29
2018
Court Dismisses Case for Failure to Plausibly Allege That Text Messages Constituted Telemarketing Faegre Drinker
Apr
10
2020
Second Circuit Joins Ninth Circuit in Adopting Expansive Interpretation of ATDS, But Carves Out Smartphones Faegre Drinker
Oct
22
2020
New Title IX Regulations: Retroactive? NY Court Splits with OCR and Says Yes Faegre Drinker
Dec
14
2020
Second Circuit Affirms Mirena MDL Court’s “Hard Look” at Plaintiffs’ Experts’ Methodology Faegre Drinker
Mar
8
2013
New ERISA Fiduciary Concern When Employer Stock Offered as 401(k) Plan Investment Option Faegre Drinker
Feb
1
2017
Marblegate v. EDMC: What does the Second Circuit’s Opinion Say (and Not Say) About Releasing a Guarantee? Faegre Drinker
Mar
8
2017
Cumulus Media: Wow!—Second Circuit Deploys Negative Inference to Override Express Provision in Credit Agreement Faegre Drinker
Sep
26
2018
TCPA Claims Still Uncertain (Although Death and Taxes Remain So) Faegre Drinker
Jun
4
2020
The Second Circuit Hears the Reg BI Challenge Oral Argument Faegre Drinker
May
24
2023
Incorporation Clauses: Does the Subcontractor Really Assume All Obligations of the Prime Contractor? Bradley Arant Boult Cummings LLP
Sep
21
2023
From Punchlines to Plaintiffs: Meta Platforms and OpenAI File Motions to Dismiss Comedian Sarah Silverman’s Copyright Infringement Case Bradley Arant Boult Cummings LLP
Feb
20
2024
Breach vs. Default — What’s the Difference? Bradley Arant Boult Cummings LLP
Aug
23
2023
No Nationwide Class Action for Violation of the Bankruptcy Discharge Injunction Bradley Arant Boult Cummings LLP
Apr
4
2024
Second Circuit: No-Damages-For-Delay Clause Bars Claim Bradley Arant Boult Cummings LLP
Jul
26
2021
Second Circuit Follows Other Recent Circuit Opinions Re: Private Student Loan Discharge Bradley Arant Boult Cummings LLP
Oct
27
2021
Second Circuit Broadly Interprets Exception to Immunity for Foreign Entities Under the Foreign Sovereign Immunities Act Bradley Arant Boult Cummings LLP
Nov
29
2021
Old Myths Die Hard: District Court Reverses Bankruptcy Court’s Discharge of Student Loan Debt Under Brunner Bradley Arant Boult Cummings LLP
Mar
8
2022
Plaintiff Gets Second Serve: 2nd Circuit Clarifies Joint Employer Test and Allows Security Guard to Amend Complaint Bradley Arant Boult Cummings LLP
Apr
8
2024
Crypto Comeuppance: A Deep Dive Into the Sentencing of FTX Founder Sam Bankman-Fried Bradley Arant Boult Cummings LLP
May
4
2021
Circuit Split No More: 2nd Circuit Clarifies Article III Standing in Data Breach Cases Bradley Arant Boult Cummings LLP
Oct
8
2022
Circuit Split on Incentive Payments to Class Representatives Deepens Bradley Arant Boult Cummings LLP
Mar
14
2023
Second Circuit Limits Use of Confidential Government Agency Information as Basis for Securities Fraud Prosecutions Bradley Arant Boult Cummings LLP
Oct
10
2023
Open Up the Playbook: NLRB Rules Starbucks Must Produce Document at Hearing or Custodian of the Search Bradley Arant Boult Cummings LLP
Dec
13
2021
The Availability of Sanctions Under Bankruptcy Rule 3002.1 for Noncompliance – the Second Circuit’s Decision in In re Gravel Bradley Arant Boult Cummings LLP
Feb
15
2022
Turning the Other Cheek(s): Second Circuit Mandates Court Review of Dismissal of FLSA Case Without Prejudice Bradley Arant Boult Cummings LLP
Mar
13
2024
State False Claims and AKS Statutes Keep Case Alive in 2nd Circuit: Underappreciated State Laws May Present Significant Compliance Risk Bradley Arant Boult Cummings LLP
Jun
9
2017
Law Firm Management: A Cautionary Tale for the Tech Illiterate The Rainmaker Institute
May
30
2014
Finally Some Relief to Providers - CMS Ordered to No Longer Apply a Common Rule of Thumb When Auditing McBrayer, McGinnis, Leslie and Kirkland, PLLC
 

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