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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Aug
24
2017
Second Circuit Holds That Tipper/Tippee Liability Can Arise from a Gift of Inside Information Even Without a Close Personal Relationship Proskauer Rose LLP
Dec
21
2017
Alibaba Securities Class Action Reinstated Proskauer Rose LLP
Jan
25
2018
A Shot in the Arm: Second Circuit Holds Flu Shot Text Messages Didn’t Violate TCPA Proskauer Rose LLP
Feb
20
2018
Deceptive Discovery: Second Circuit Affirms Sanctions for Mishandling of Discoverable Data Proskauer Rose LLP
Apr
25
2019
Warning Shot: Charges Against OneCoin Include Securities Fraud Proskauer Rose LLP
Jan
27
2021
COVID-19 and Immunity from Liability Proskauer Rose LLP
Mar
10
2021
Second Circuit Rules ERISA Fiduciary-Breach Claims Are Outside the Scope of General Employment Arbitration Agreement Proskauer Rose LLP
Jan
26
2022
Instant Dismissal: Court Dismisses Instant Oatmeal Case against Whole Foods Market Proskauer Rose LLP
Jul
18
2022
CA District Court: SOX and Dodd-Frank’s Whistleblower Provisions Do Not Apply to Individual Employed Abroad Proskauer Rose LLP
Dec
15
2022
S.D.N.Y. Voids ERISA Plan’s Arbitration Provision Proskauer Rose LLP
Mar
14
2024
Broadway Actor’s Race Discrimination Claims Sent Back to the Underworld in the Face of Producer’s First Amendment Rights Proskauer Rose LLP
Apr
19
2024
Second Circuit Ruling Could “Impact” Discrimination Claims Brought by Remote Workers under NYS Human Rights Law Proskauer Rose LLP
Jan
24
2015
Personal Benefit Required Under Misappropriation Theory of Insider Trading Proskauer Rose LLP
Sep
11
2015
Second Circuit Decision Resuscitates EEOC’s Gender Discrimination Suit Against Sterling Jewelers Proskauer Rose LLP
May
31
2016
Second Circuit Affirms Dismissal of Claim Arising from Incorrectly Addressed COBRA Notice Proskauer Rose LLP
Sep
22
2016
International Comity and Deference: A Foreign Government with Final Say When Interpreting its Own Laws Proskauer Rose LLP
Oct
12
2016
Think Your Arbitration Award Is Final? Second Circuit Says Maybe “Look Through” It Again Proskauer Rose LLP
Nov
21
2016
Second Circuit Affirms Ruling that SPD Swiss Precision Diagnostics Falsely Advertised Clearblue Weeks Estimator Home Pregnancy Test and Did so Intentionally and Egregiously Proskauer Rose LLP
Oct
25
2017
Sun Capital Redux: Private Equity Fund Seeks Declaratory Judgment on Controlled Group Liability for Portfolio Company's Pension Liabilities Proskauer Rose LLP
Jan
25
2018
New York Federal Court Latest to Dismiss Outlet Pricing Class Action Proskauer Rose LLP
Mar
29
2019
N.Y. Court of Appeals Delivers Wage and Hour Victory to Home Care Industry Employers Proskauer Rose LLP
Oct
21
2019
SDNY Grants Motion to Dismiss SOX Retaliation Claim Proskauer Rose LLP
May
21
2020
‘Maybe’ Is Not Enough: Foreign Business Fails to Obtain Declaratory Judgment for Potential Use of Trademark Proskauer Rose LLP
Nov
2
2020
Beware the Privilege Waiver During Investor Due Diligence Proskauer Rose LLP
Oct
31
2022
Father Sometimes Knows Best: District Court Blasts SEC’s “No Admit, No Deny” Provisions Proskauer Rose LLP
May
7
2024
Battery Technology Trade Secret Theft Runs Out of Juice Proskauer Rose LLP
Oct
22
2014
Second Circuit Allows After-Acquired Evidence to Support Termination Decision Proskauer Rose LLP
Jan
26
2015
Government Seeks Rehearing in Landmark Insider-Trading Case Proskauer Rose LLP
Jun
11
2015
Pleading Standard Saves SEC’s Insider-Trading Case Proskauer Rose LLP
Apr
29
2016
In Onboard Wi-Fi Case, Covenant Not To Sue Has Wide Range Proskauer Rose LLP
Sep
23
2016
A Sovereign Thumb on the Scale: Second Circuit Appeals Court Defers to China’s Interpretation of Its Own Laws To Dismiss Antitrust Suit Proskauer Rose LLP
Jun
7
2017
Second Circuit Affirms the Dismissal of a SOX Claim for Failing to Meet the “Reasonable Belief” Standard Proskauer Rose LLP
Mar
2
2018
New York Court Rebuffs Ninth Circuit’s Copyright “Server Test,” Finds Embedded Tweet Displaying Copyrighted Image to Be Infringement Proskauer Rose LLP
Dec
27
2018
Second Circuit Revives Dismissed ERISA Stock-Drop Suit Proskauer Rose LLP
Jan
30
2019
Notice of Terms via Buried Link within a Post-Sale Email Unenforceable Proskauer Rose LLP
 

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