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
22
2013
Second Circuit Affirms Judgment that Securities Litigation Uniform Standards Act (SLUSA) Precludes Madoff-Related Claims Katten
Dec
14
2020
Second Circuit Affirms Mirena MDL Court’s “Hard Look” at Plaintiffs’ Experts’ Methodology Faegre Drinker
Nov
13
2015
Second Circuit Affirms NLRB Decision Employers Won’t Like Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
5
2017
Second Circuit Affirms NLRB Position on Broad Confidentiality Agreements Barnes & Thornburg LLP
Sep
8
2014
Second Circuit Affirms No Extraterritorial Application For Dodd-Frank Anti-Retaliation Provision Proskauer Rose LLP
Feb
13
2019
Second Circuit Affirms Order Compelling Arbitration, Rejects as Waived Arguments Not Made Before Trial Court Carlton Fields
May
22
2015
Second Circuit Affirms Preliminary Injunction in Antitrust Suit Against Drug Companies for "Product Hopping" American University Washington College of Law
Dec
2
2016
Second Circuit Affirms Preliminary Injunction of "Identical" Gray Goods Proskauer Rose LLP
Jun
27
2019
Second Circuit Affirms Ruling Rejecting Lack of Notice Defense Under New York Convention Article Carlton Fields
Apr
11
2014
Second Circuit Affirms Ruling That NYC Was Not “Joint Employer” Jackson Lewis P.C.
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
Jun
12
2014
Second Circuit Affirms the Broad Nature of the Duty to Defend Under Commercial General Liability Insurance Policies Barnes & Thornburg LLP
Jun
7
2017
Second Circuit Affirms the Dismissal of a SOX Claim for Failing to Meet the “Reasonable Belief” Standard Proskauer Rose LLP
Nov
4
2019
Second Circuit Affirms the Extraterritorial Discovery Reach of 28 U.S.C. § 1782 Mintz
Apr
3
2011
Second Circuit Affirms the Importance of Adequately Pleading Loss Causation in Securities Fraud Claims Vedder Price
Jul
6
2020
Second Circuit Affirms Use of Fluctuating Workweek Pay Method for ‘Big Box’ Store District Managers Jackson Lewis P.C.
Mar
9
2013
Second Circuit Affirms Willful Infringement of Fendi’s Trademark McDermott Will & Emery
Mar
30
2019
Second Circuit Affirms “Snap” Removal Practice Sheppard, Mullin, Richter & Hampton LLP
Jan
14
2016
Second Circuit Affirms: Business Not Obligated to Pay $350,000 “Performance” Bonus to Prospective Employee Who Never Worked Single Day Jackson Lewis P.C.
Jun
29
2018
Second Circuit Again Holds That Tipper/Tippee Liability Can Arise from a Gift of Inside Information Even Without a Close Personal Relationship Proskauer Rose LLP
Feb
23
2018
Second Circuit Again Rejects TCPA Claims Over Health Care Calls Faegre Drinker
Jun
30
2017
Second Circuit Agrees with NLRB That Employee’s Vulgar Facebook Tirade Against Manager Is Protected Concerted Activity Epstein Becker & Green, P.C.
Oct
22
2014
Second Circuit Allows After-Acquired Evidence to Support Termination Decision Proskauer Rose LLP
Feb
18
2016
Second Circuit Amends Unpaid Intern Classification Decision; Refines Primary Beneficiary Analysis Mintz
Jul
2
2015
Second Circuit Appellate Court Weighs In on Pharmaceutical “Product Hopping” McDermott Will & Emery
Oct
25
2013
Second Circuit Applies Morrison to Criminal Prosecution Under Section 10(b) and Rule 10b-5 Sheppard, Mullin, Richter & Hampton LLP
May
10
2014
Second Circuit Applies Morrison v. National Australia Bank to Allow Certain Extraterritorial Application of RICO Sheppard, Mullin, Richter & Hampton LLP
May
24
2016
Second Circuit Applies Stricter Rules for a Plan Administrator’s Noncompliance with Benefit Claims Regulations McDermott Will & Emery
May
19
2016
Second Circuit Applies Stricter Rules for Plan Administrator’s Noncompliance with Benefit Claims Regulations McDermott Will & Emery
Oct
5
2012
Second Circuit Applies the Filed Rate Doctrine to Electricity Rates Set by Market-Based Auctions Mintz
Jun
10
2023
Second Circuit Approves Nonconsensual Third-Party Release in Purdue Pharma Case: Where Do Third Party Releases Stand Now? Hunton Andrews Kurth
Dec
18
2019
Second Circuit Approves Offers of Judgment in FLSA Cases Epstein Becker & Green, P.C.
Mar
26
2020
Second Circuit Asks Whether It Should Further Limit FCPA’s Application McDermott Will & Emery
Jun
16
2023
Second Circuit Assesses Propriety of Third-Party Releases in Purdue McDermott Will & Emery
Jun
24
2020
Second Circuit Avoids “Making Up” Copyright Ruling Finding Artist’s Claims Preempted McDermott Will & Emery
 

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