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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Sep
30
2017
NY Court Largely Denies Motion to Dismiss Overtime Claims Under FLSA and NYLL Sheppard, Mullin, Richter & Hampton LLP
Apr
14
2020
Up-to-date Information on Class Action Litigation The Second Circuit Invites All The Party Plaintiffs To The Disco With Broad Definition Of ATDS Under The TCPA Sheppard, Mullin, Richter & Hampton LLP
Jul
22
2022
Second Circuit Declines to Allow SEC Rule 10b-5 Claim for “Scheme Liability” to Proceed Where the Alleged Misconduct Amounted Only to the Making of Material Misstatements or Omissions Sheppard, Mullin, Richter & Hampton LLP
Mar
30
2023
Will eBook Ruling Impact Fair Use Analysis for Generative AI? Sheppard, Mullin, Richter & Hampton LLP
Mar
19
2024
Mind Your Audience: Disclosure of Confidential Information to AI Programs Can Give Rise to Trade Secret Misappropriation Claims 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
Feb
26
2015
The Second Circuit Holds That Comcast Does Not Require Automatic Denial of Rule 23(b)(3) Class Certification in Cases Presenting Individualized Damages Issues Sheppard, Mullin, Richter & Hampton LLP
Nov
16
2015
Second Circuit Holds Facebook “Like” May Be Concerted Activity Under Section 7 of NLRA Sheppard, Mullin, Richter & Hampton LLP
Jul
31
2018
Hello, Newman. A Second Circuit Panel Revives U.S. v. Newman’s Personal Benefit Test, Maybe. Sheppard, Mullin, Richter & Hampton LLP
Mar
17
2021
Sellers Beware: Fiduciary Duty Risks to Directors Sheppard, Mullin, Richter & Hampton LLP
Apr
28
2021
Employee Confidentiality Provisions: Overbreadth Can Lead to Under-Protection Sheppard, Mullin, Richter & Hampton LLP
Mar
8
2023
Takeaways from the Hermès Litigation over MetaBirkins NFTs Sheppard, Mullin, Richter & Hampton LLP
Apr
11
2013
The Fate of Argentina's Debt Restructuring is Getting Closer Sheppard, Mullin, Richter & Hampton LLP
Jul
5
2013
Second Circuit Affirms Dismissal of Suits Brought by Madoff Trustee Against Banks Accused of Aiding Madoff Fraud Sheppard, Mullin, Richter & Hampton LLP
Aug
7
2013
Second Circuit Rules that a "Bare-Bones" Complaint Rephrasing the Text of the Fair Labor Standards Act (FLSA) is Insufficient to State an Overtime Claim Sheppard, Mullin, Richter & Hampton LLP
Aug
18
2014
Sovereign Litigation in Latin America: Top Five Issues To Think of When Doing Business With a Latin American Country Sheppard, Mullin, Richter & Hampton LLP
Feb
27
2015
Second Circuit Holds That SIPA Does Not Permit an Inflation or Interest Adjustment to “Net Equity” Claims For Customer Property Sheppard, Mullin, Richter & Hampton LLP
Nov
20
2017
Second Circuit Affirms Class Certification Holding that Direct Evidence of Price Impact is Not Always Necessary to Demonstrate Market Efficiency Sheppard, Mullin, Richter & Hampton LLP
Mar
27
2015
Placing Medicare Beneficiaries Into "Observation Status" Recent Second Circuit Decision Casts Doubt on Lawfulness of CMS Procedures Poyner Spruill LLP
Nov
27
2009
New York’s International Banks Obtain Relief as Second Circuit Restricts Ability of Creditors to Use Maritime Rule B to Attach Electronic Fund Transfers Bingham McCutchen LLP
Oct
2
2012
Federal CAFO Regulations Remove “Propose to Discharge” Permitting Requirement Michael Best & Friedrich LLP
Sep
7
2010
In-House Counsel Must Maintain Active Bar Membership to Preserve Attorney Client Privilege Michael Best & Friedrich LLP
Sep
9
2010
Second Circuit Finds Personal Jurisdiction Over California Vendor Based on the Shipment of a Single Product Bearing Counterfeit Mark to Brand Owner’s Attorneys in New York Michael Best & Friedrich LLP
Mar
16
2015
Brazil mailbox litigation update: First case to be heard by the Federal Court of Appeals on March 24, 2015 Michael Best & Friedrich LLP
Apr
2
2011
New York Federal District Court Addresses the Pleading Standard and Constitutionality of False Patent Marking Claims Under 35 U.S.C. § 292 Michael Best & Friedrich LLP
Jun
28
2013
No Free Lunch: Navigating the Legal World of Unpaid Internships Michael Best & Friedrich LLP
Oct
11
2010
The Seventh Circuit Finds Personal Jurisdiction Over Out-of-State Internet Company Michael Best & Friedrich LLP
Jun
30
2017
Second Circuit Limits Withdraw of Consent in Contracts Under TCPA Michael Best & Friedrich LLP
Nov
24
2009
IRS Scores Another Win in 419A Case Dinsmore & Shohl LLP
Nov
3
2010
Lawsuit Challenging Legitimacy of LEED Program Could Have Major Implications Dinsmore & Shohl LLP
 

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