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
27
2014
Southern District of New York (S.D.N.Y.) Takes Broad Approach To SOX (Sarbanes Oxley) and Dodd-Frank Whistleblower Claims Proskauer Rose LLP
May
27
2014
Second Circuit Dismisses $50 Million False Claims Act (FCA) Suit Proskauer Rose LLP
May
23
2014
New York Federal Court Rejects Preemption and Primary Jurisdiction Arguments in “All Natural” Case Greenberg Traurig, LLP
May
23
2014
Second Circuit Clarifies the Limits on The Extraterritorial Application of U.S. Securities Laws Bracewell LLP
May
23
2014
Eastern District of New York Senior Judge Deems Fair Labor Standards Act (FLSA) Allegations Of Overtime, Contractor Misclassification Inadequately Pled Jackson Lewis P.C.
May
21
2014
Despite Windsor, Federal Court Rejects Challenge to a Self-Insured ERISA Health Plan’s Denial of Coverage for Same-Sex Spouses Proskauer Rose LLP
May
19
2014
Unpaid Interns Strike Again - Class of 3000 Ex-Warner Interns Approved for Wage and Hour Case Barnes & Thornburg LLP
May
14
2014
Commingling and Personal Piggy Bank Leads to Summary Judgment on Veil Piercing Claims Sheppard, Mullin, Richter & Hampton LLP
May
14
2014
“Get Outta Here!”: The Court Of Appeals Finds that New York Judges May Sua Sponte Dismiss Cases on Forum Non Conveniens Grounds in Limited Circumstances Sheppard, Mullin, Richter & Hampton LLP
May
13
2014
Settlement Agreements May Trap the Unwary Employer for Court Costs, California Court Instructs Jackson Lewis P.C.
May
13
2014
Second Circuit Narrows Reach of Federal Securities Laws as to Foreign Securities Transactions Proskauer Rose LLP
May
13
2014
New York Federal Court Rejects Tuna Manufacturer’s Failure to Warn Defense Beveridge & Diamond PC
May
12
2014
Security and Exchange Commission's (SEC) “Neither Admit nor Deny” Settlements Continue to Draw Controversy Faegre Drinker
May
10
2014
Second Circuit Applies Morrison v. National Australia Bank to Allow Certain Extraterritorial Application of RICO Sheppard, Mullin, Richter & Hampton LLP
May
2
2014
Recent California Appellate Opinion Raises Issue of Concepcion’s Scope Greenberg Traurig, LLP
May
2
2014
District Court Sustains Attachment and Garnishment Writs Under Equitable Powers Katten
Apr
29
2014
Is the Second Circuit About to Put the Brakes on the Government’s Pursuit of Insider Trading “Tippees”? Barnes & Thornburg LLP
Apr
28
2014
Federal Appeals Court Holds Securities and Exchange Commission (SEC) Conflict Minerals Rules Violate Free Speech Greenberg Traurig, LLP
Apr
27
2014
U.S. Chamber of Commerce’s Amicus Brief Argues For Economic Value of Internships to Businesses, Employees and Students Jackson Lewis P.C.
Apr
18
2014
China's Ministry of Commerce (MOFCOM) Asks Second Circuit to Reverse Judgment Against Chinese Vitamin Manufacturers McDermott Will & Emery
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
Apr
16
2014
ADA (Americans with Disabilities Act) Claim Based on Inability to Sit Stands Jackson Lewis P.C.
Apr
15
2014
Disgorgement in the Second Circuit: Equitable Relief or Punishment? Barnes & Thornburg LLP
Apr
15
2014
Section 1 Claims Dismissed in LIBOR (London InterBank Offered Rate), TIBOR (Tokyo InterBank Offered Rate) Class Action McDermott Will & Emery
Apr
11
2014
Second Circuit Affirms Ruling That NYC Was Not “Joint Employer” Jackson Lewis P.C.
Apr
11
2014
SDNY Dismisses False Claims Act Complaint, Finding Relators Misconstrued Medicaid Program Legal Framework - Southern District of New York Katten
Apr
8
2014
Act One in Unpaid Intern Appeal Has Begun Barnes & Thornburg LLP
Apr
3
2014
Major League Baseball (MLB) All-Star Weekend Volunteers Not Employees Under Fair Labor Standards Act (FLSA) Jackson Lewis P.C.
Apr
2
2014
Do We Have to Pay Summer Interns? Armstrong Teasdale
Apr
1
2014
Second Circuit: Five Factors Still Relevant to Employee Retirement Income Security Act (ERISA) Attorney Fee Awards Proskauer Rose LLP
Mar
31
2014
The Digital Millennium Copyright Act (DMCA): Seeking Safe Harbor in a Sea of Troubles Sheppard, Mullin, Richter & Hampton LLP
Mar
29
2014
Money Manager Sues Securities & Exchange Commission (SEC) to Stop Administrative Action in $1.5 Billion Collateralized Debt Obligations (CDO) Case Katten
Mar
26
2014
Second Circuit Rejects Plaintiff’s Tolling, Willfulness Arguments Jackson Lewis P.C.
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
Mar
21
2014
Second Circuit Vacates Conviction After Counsel Misstated Deportation Consequences Katten
Mar
17
2014
Second Circuit Upholds Dismissal of Untimely Filed State Law Claims from Title VII Harassment Suit Barnes & Thornburg LLP
Mar
17
2014
Sbarro Seeks Bankruptcy Protection Giordano, Halleran & Ciesla, P.C.
Mar
16
2014
Employers To Face More Concurrent Equal Employment Opportunity Commission (EEOC) and Tort Suits after Second Circuit Decision Proskauer Rose LLP
Mar
6
2014
The Developing Law on Compensability of Time Spent Undergoing Security Screening Morgan, Lewis & Bockius LLP
Feb
28
2014
Second Circuit Reinforces Tough Predatory Pricing Pleading Standards—Can Anyone Properly Plead a Predatory Pricing Claim? Greenberg Traurig, LLP
Feb
27
2014
Release of Earnings Call Audio Recording Qualifies As Fair Use News Reporting: The Swatch Group Management Services Ltd. v. Bloomberg LP McDermott Will & Emery
Feb
27
2014
Consumer Class Actions Trending From Attacking ‘All Natural’ to ‘Raw’ Greenberg Traurig, LLP
Feb
22
2014
It’s a Family Affair: New York Federal Court Holds that Family Relationship May be Sufficient to Qualify Employee as a “Supervisor” under Title VII Mintz
Feb
19
2014
Comity and Commonality: A Tale of Two Identical Class Actions Brought By Forum-Shopping Plaintiffs’ Counsel Sheppard, Mullin, Richter & Hampton LLP
Feb
18
2014
Second Circuit Reinforces High Pleading Burden for Director Duty of Oversight Claims Bracewell LLP
Feb
17
2014
Employee’s Unauthorized Texting of Confidential Health Information May Impose Employer Liability Jackson Lewis P.C.
Feb
15
2014
Cathay Pacific Airlines Settles Freight Shipping Price-Fixing Class Action McDermott Will & Emery
Feb
15
2014
New York Federal Court Dismisses Derivative Suit Against Sons of Norway Executives Katten
Feb
13
2014
Are Anti-Poaching Agreements Enforceable in New York? Not in the Absence of a Protectable Interest Says One New York Federal Court Mintz
Feb
11
2014
Attacking LBO (Leveraged Buyout) Payouts as State Law Fraudulent Transfers Sheppard, Mullin, Richter & Hampton LLP
 

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