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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Jun
15
2013
Unpaid Internships May Be More Costly Than You Think: Follow-up To Recent Post Mintz
Jun
15
2013
Handbags and High-Heeled Shoes: Recent Trademark Disputes in the World of Fashion Dickinson Wright PLLC
Jun
13
2013
Sixth Circuit Splits with Second and Ninth Circuits Regarding Need to Allege Defendants' State of Mind for Claims Challenging Soft Information Under Section 11 of the Securities Act of 1933 Sheppard, Mullin, Richter & Hampton LLP
Jun
13
2013
Loutboutin Sees Red Again: Protecting Color as a Trademark Mintz
Jun
13
2013
Costco Claims Tiffany & Co. is Generic Re: Trademark Infringement and Genericide Katten
Jun
6
2013
Second Circuit Overturns Class Certification Order in Assistant Branch Manager Overtime Case Sheppard, Mullin, Richter & Hampton LLP
Jun
2
2013
Re: Forum - Second Circuit Is Not the Place to Judge Claims of Fraud, Negligence, Breach of Contract, Unjust Enrichment and Conversion Against the Holy See McDermott Will & Emery
Jun
2
2013
The Power of Plus Factors: Rational Business Behavior Leads to Dismissal of Conspiracy Claim Against Broker-Dealers in Second Circuit Greenberg Traurig, LLP
Jun
1
2013
Second Circuit Refuses to Enjoin Aereo’s Internet Streaming of Broadcast Television: WNET, Thirteen et al. v. Aereo, Inc. McDermott Will & Emery
Jun
1
2013
The [Appropriation] Artist Is a Prince: Cariou v. Prince Re: Copyright Infringement McDermott Will & Emery
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
May
23
2013
Chinese Trade Secrets Theft Hits U.S. Universities Womble Bond Dickinson (US) LLP
May
22
2013
N.Y. Administrative Law Judge (ALJ) Holds Taxpayer’s Motives for Acquiring Stock and How Stock Is Used Irrelevant in Determining Investment Capital McDermott Will & Emery
May
18
2013
Involuntary Bankruptcy Petitions Dismissed Where Alter Ego Status Was Disputed Katten
May
15
2013
Warrantless Cell Phone Searches – A Look at the Case Law Mintz
May
12
2013
Consumer Financial Protection Bureau and Department of Justice Collaborate in Actions Against Debt Settlement Company Faegre Drinker
May
12
2013
Second Circuit Certifies Smoking-Related Medical Monitoring Issue for Ruling by New York High Court Beveridge & Diamond PC
May
10
2013
Whistleblower’s Claims Against Former Employer Survive Summary Judgment Katten
May
3
2013
Doe v. Guthrie Clinic, Ltd.: A New Privacy Battleground?, cont. McBrayer, McGinnis, Leslie and Kirkland, PLLC
May
3
2013
Digital Millennium Copyright Act (DMCA) Safe Harbor Analysis Now the Same in Both Ninth and Second Circuits McDermott Will & Emery
May
1
2013
Where Do Your Interests Lie Under Chapter 15 of the Bankruptcy Code? Mintz
May
1
2013
Doe v. Guthrie Clinic, Ltd.: A New Privacy Battleground? McBrayer, McGinnis, Leslie and Kirkland, PLLC
Apr
30
2013
Appropriate Appropriation: Second Circuit Holds That Commentary on Original Work Unnecessary for Fair Use Defense, Only Transformative Quality Required Sheppard, Mullin, Richter & Hampton LLP
Apr
26
2013
Southern District of New York (SDNY) Imposes Second Highest Penalty Under Foreign Corrupt Practices Act Katten
Apr
13
2013
Second Circuit Bars Criminal Defendant from Accessing Assets Frozen by Regulators Katten
Apr
11
2013
The Fate of Argentina's Debt Restructuring is Getting Closer Sheppard, Mullin, Richter & Hampton LLP
Apr
6
2013
Southern New York District Court Rejects Evidence from "Confidential Witnesses" as Basis for Securities Class Action Katten
Apr
6
2013
Modifying Circuit Court’s Mandate to U.S. Patent and Trademark Office (PTO) Requires “Exceptional Circumstances” McDermott Will & Emery
Apr
6
2013
Federal Court Dismisses Securities Class Action Alleging Misrepresentations About "Cannibalization" Katten
Apr
4
2013
U.S. Polo Association Infringes Ralph Lauren Trademark in Fragrances McDermott Will & Emery
Apr
1
2013
Court Overturns National Labor Relations Board (NLRB) Decision in Stella D’Oro Biscuit Co. v. NLRB Barnes & Thornburg LLP
Mar
31
2013
New York District Court Bars Discovery of SEC's Requests for Extension Under Dodd-Frank Katten
Mar
27
2013
Second Circuit Reverses Class Certification Order, Holding That a Clearing Broker's Alleged Knowledge of Fraud Against Shareholders, Absence Direct Involvement, Is Insufficient to Create a Duty of Disclosure Sheppard, Mullin, Richter & Hampton LLP
Mar
23
2013
Service of Process through Social Media Greenberg Traurig, LLP
Mar
22
2013
Second Circuit Upholds Enforceability of Arbitration Agreements that Bar Title VII Class Actions, Finding that there is no Substantive Statutory Right to Pursue a Pattern-or-Practice Claim Sheppard, Mullin, Richter & Hampton LLP
Mar
21
2013
Second Circuit Rules that the Fair Labor Standards Act (FLSA) Does Not Apply to Claims for Gap-Time Pay Sheppard, Mullin, Richter & Hampton LLP
Mar
16
2013
Did They Just Say That? A Reminder That Off-The-Cuff Remarks Handcuff Employers in Employment Lawsuits Barnes & Thornburg LLP
Mar
13
2013
Second Circuit Rules That Putative Auction Rate Securities Class Action Complaints Failed to Adequately Plead Antitrust Conspiracy Sheppard, Mullin, Richter & Hampton LLP
Mar
12
2013
Payroll Tax Fraud by Accountant Keeps Employer’s Statute of Limitations Open Greenberg Traurig, LLP
Mar
12
2013
U.S. Court of Appeals (2nd Circuit) Orders Argentina To Submit Proposal For Alternative Payment Plan To Avoid Debt Default... Again Sheppard, Mullin, Richter & Hampton LLP
Mar
11
2013
Second Circuit Reverses Dismissal of Securities Act Violation Claims, Holding that Plaintiff's Allegations Were Sufficient to Plead a Reasonable Inference of Misrepresentations in a Prospectus Sheppard, Mullin, Richter & Hampton LLP
Mar
11
2013
Exclusive License Not Required for Standing to Claim Misappropriation of a Trade Secret Involving Subway Car Brakes McDermott Will & Emery
Mar
9
2013
Second Circuit Affirms Willful Infringement of Fendi’s Trademark McDermott Will & Emery
Mar
9
2013
Eastern and Southern New York District Courts Compel Plaintiffs to Arbitrate their FLSA Collective Action Claims on an Individualized Basis Sheppard, Mullin, Richter & Hampton LLP
Mar
9
2013
Line in the Sand: Siemens Argentina Case Limits Personal Jurisdiction Under the "FCPA" Foreign Corrupt Practices Act Sheppard, Mullin, Richter & Hampton LLP
Mar
8
2013
New ERISA Fiduciary Concern When Employer Stock Offered as 401(k) Plan Investment Option Faegre Drinker
Mar
5
2013
Preservation of Error: Prejudicial or Argumentative Closing Arguments Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
Mar
4
2013
A Birthday Tribute to Dr. Seuss Mintz
Mar
1
2013
Same Sex Harassment Claim Against Straight Male Supervisor Cannot Be Dismissed, Says Second Circuit Barnes & Thornburg LLP
Feb
26
2013
Southern District of New York (SDNY) Favors the Securities & Exchange Commission (SEC) in Foreign Corrupt Practices Act Action Involving Novel Issues of Statutory Interpretation Katten
 

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