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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Feb
25
2013
Southern District of New York (SDNY) Finds Lack of Personal Jurisdiction in Foreign Corrupt Practices Act Claim Katten
Feb
23
2013
Decision in Southern New York US District Court Undercuts Extraterritorial Reach of the "FCPA" Foreign Corrupt Practices Act Morgan, Lewis & Bockius LLP
Feb
22
2013
Second Circuit Narrows Employee Retirement Income Security Act (ERISA) Exhaustion Requirement When Plan Document Is Ambiguous on Need to Follow Claims Procedures McDermott Will & Emery
Feb
19
2013
Second Circuit Affirms Dismissal of Securities Fraud Claims Relating to Allegedly Misleading Press Release Sheppard, Mullin, Richter & Hampton LLP
Feb
9
2013
Second Circuit Narrows Employee Retirement Income Security Act "ERISA" Exhaustion Requirement When Employee Benefit Plan Document Is Ambiguous on Need to Follow Claims Procedures McDermott Will & Emery
Feb
7
2013
Art Law: Russian Revolution Redux - Seized Painting During Russian Revolution Sheppard, Mullin, Richter & Hampton LLP
Feb
2
2013
Second Circuit Holds that Two Series of Common Stock Are Not Matchable Under the Short-Swing Profit Rule Hunton Andrews Kurth
Jan
21
2013
Second Circuit Affirms Dismissal of Copyright Claim in Use of Images of "High-End" Furniture Womble Bond Dickinson (US) LLP
Jan
16
2013
Connecticut Defendants, Lawyers and Insurers Need to Carefully Craft Settlement Offers Raymond Law Group LLC
Jan
15
2013
Browserwrap Agreements May Fail to Protect from Cyberliability Raymond Law Group LLC
Jan
13
2013
Second Circuit Holds Section 16(b) Inapplicable to Different Classes of Common Stock Katten
Jan
2
2013
Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions McDermott Will & Emery
Jan
1
2013
Pleading Unjust Enrichment Does Not Support a Claim for the Underlying Trade Secret Misappropriation McDermott Will & Emery
Dec
25
2012
Second Circuit Adheres Strictly to the Rules of Contract in Sovereign Debt Restructurings Greenberg Traurig, LLP
Dec
19
2012
Is Work From Home Counted in Determining FMLA Eligibility? Dinsmore & Shohl LLP
Dec
11
2012
Federal Court Vacates Conviction for Truthful Off-Label Promotion of FDA-Approved Drug McDermott Will & Emery
Dec
11
2012
Holiday Warning: Cut Sexual Harassment From Your Holiday Party Invitation List Armstrong Teasdale
Dec
11
2012
Second Circuit Reverses Conviction for Off-Label Promotion Based on First Amendment Barnes & Thornburg LLP
Dec
10
2012
Second Circuit Rejects Government’s Off-Label Enforcement Approach Faegre Drinker
Dec
10
2012
Former Hedge Fund Founder Ordered to Pay $5 Million for Securities Law Violations Katten
Dec
6
2012
‘Off-Label’ FDA Cases Can Run Afoul of First Amendment, Federal Appeals Court Holds Ifrah Law
Dec
5
2012
Second Circuit Denies Investor's Second Appeal for New Trial Katten
Dec
3
2012
Alien v. Predator; Who Prevails in Copyright Dispute? McDermott Will & Emery
Nov
30
2012
Limits to Financiers’ Claims for Losses and Damage to Insured Property Resulting from Theft by Insured Vedder Price
Nov
30
2012
Second Circuit Clarifies E-Commerce Contract Formation Requirements Hunton Andrews Kurth
Nov
30
2012
Fourteenth Amendment Equal Protection—Second Circuit Applies The Strict Scrutiny Test And Holds That New York Cannot Prohibit Nonimmigrants From Obtaining Pharmacist Licenses Southern Methodist University, SMU Dedman School of Law
Nov
24
2012
Second Circuit Holds That Argentinean National Bank Is Not Alter Ego of Argentina Katten
Nov
19
2012
Second Federal Court Temporarily Enjoins Application of Contraceptive Mandate to a For-Profit Business Barnes & Thornburg LLP
Nov
4
2012
No Compulsory License for Internet Streaming McDermott Will & Emery
Oct
27
2012
HHS Proposed Settlement of Medicare Case would lead to Expanded Reimbursement for Skilled Nursing and Therapy Services von Briesen & Roper, s.c.
Oct
24
2012
On The Radar: Supreme Court Set to Resolve Circuit Split as to Definition of Supervisor Under Title VII Barnes & Thornburg LLP
Oct
9
2012
Trademark Protects “Color of Passion” Used on Soles of Women’s High-Fashion Designer Footwear, Except if Shoe Itself Is Red McDermott Will & Emery
Oct
7
2012
Copyright Protection for Architect’s Expression McDermott Will & Emery
Oct
5
2012
Second Circuit Applies the Filed Rate Doctrine to Electricity Rates Set by Market-Based Auctions Mintz
Oct
4
2012
Labor: No liability for pre-EEOC investigations Neal, Gerber & Eisenberg LLP
Oct
2
2012
The Virtuosity of Appellate Courts Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
Oct
2
2012
Federal CAFO Regulations Remove “Propose to Discharge” Permitting Requirement Michael Best & Friedrich LLP
Sep
21
2012
S. 3523: Louboutin, Lululemon, and Fashion Design: Finally Getting Some Respect? Mintz
Sep
18
2012
Red Letter Case: Second Circuit Upholds Color as a Protectable Mark Armstrong Teasdale
Sep
17
2012
A Red-Leather Day: Giving Single Color Trademarks in the Fashion Industry a Little Sole Bracewell LLP
Sep
17
2012
When Can You Claim A Color As Your Trademark? Mintz
Sep
16
2012
Second Circuit Confirms That Title VII Discrimination Awards are Taxable Mintz
Sep
14
2012
Louboutin Wins Round Two Against Yves Saint Laurent in Fight Over Red Soles Mintz
Sep
12
2012
The Other Shoe Drops: Appeals Court Saves But Trims Louboutin Red Sole Trademark ArentFox Schiff LLP
Sep
9
2012
No-Challenge Clauses Do Not Bar Later Challenges to Patent Validity McDermott Will & Emery
Aug
28
2012
Insider Trading Defendant’s Decision to Take the Stand Doesn’t Prevent Conviction Ifrah Law
Aug
18
2012
The Second Circuit affirms denial of remand in a CAFA case where the plaintiff failed to raise a procedural defect in the notice of removal in a timely manner Dinsmore & Shohl LLP
Aug
14
2012
Second Circuit Expands the Scope of SEC Aiding and Abetting Claims Hunton Andrews Kurth
Aug
10
2012
Latest Chapter in New York Market Manipulation Case: Court OKs Morgan Stanley’s $4.8 Million Settlement Bracewell LLP
Aug
9
2012
The Second Circuit Interprets the Securities Exception to CAFA Jurisdiction and Remands a Case to State court Dinsmore & Shohl LLP
 

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