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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Oct
13
2011
Second Circuit Finds that Employers May be Obligated to Accommodate a Disabled Employee's Commute Sheppard, Mullin, Richter & Hampton LLP
Jul
31
2014
Second Circuit Finds that Entry-Level Audit Associates at Accounting Firm are Exempt from Federal Overtime Requirements Sheppard, Mullin, Richter & Hampton LLP
Nov
1
2016
Second Circuit Finds Use of "Who's on First" Routine Not Transformative and Not Fair Use Proskauer Rose LLP
Jul
26
2021
Second Circuit Follows Other Recent Circuit Opinions Re: Private Student Loan Discharge Bradley Arant Boult Cummings LLP
Dec
10
2018
Second Circuit Follows Seventh Circuit, Finds that Rule 67 Tender Does Not Moot Claims Faegre Drinker
Sep
1
2016
Second Circuit Gives Amtrak a Possible Second Chance for Sandy Relief Squire Patton Boggs (US) LLP
Oct
28
2021
Second Circuit Gives Halloween Treat to Friday the 13th Screenwriter Finnegan
Apr
14
2020
Second Circuit Goes Against the Tide: Adopts Broad Definition of Autodialer K&L Gates
Sep
11
2022
Second Circuit Grants Fund’s Audit Request Well Beyond CBA Coverage Jackson Lewis P.C.
Dec
18
2013
Second Circuit Grants Worker Adjustment Retraining and Notification Act (WARN) Plaintiffs New Life On “Single Employer” Theory Jackson Lewis P.C.
Dec
14
2023
Second Circuit Hands Vans a Win in First Appellate Decision to Apply Jack Daniel’s Greenberg Traurig, LLP
May
31
2016
Second Circuit Highlights Splits on Nominative Trademark Fair Use Morgan, Lewis & Bockius LLP
Jun
4
2015
Second Circuit Holds a Hard Switch Between Drugs Is an Unlawful Product Hop Under Section 2 Mintz
Feb
19
2019
Second Circuit Holds Arbitration Clause Found in Hyperlink in a Confirmation Email Unenforceable Carlton Fields
Mar
24
2023
Second Circuit Holds CFPB’s Funding Structure Is Constitutional Blank Rome LLP
Feb
4
2014
Second Circuit Holds Delaware Fiduciary Duty Law Preempted By Federal Interest In Fiscal Stability Sheppard, Mullin, Richter & Hampton LLP
Oct
28
2019
Second Circuit Holds Dodd-Frank Whistleblower Retaliation Claims are Arbitrable Proskauer Rose LLP
Dec
9
2014
Second Circuit Holds ERISA Disclosure Claims Are Time-Barred Proskauer Rose LLP
Nov
16
2015
Second Circuit Holds Facebook “Like” May Be Concerted Activity Under Section 7 of NLRA Sheppard, Mullin, Richter & Hampton LLP
Jan
10
2022
Second Circuit Holds Fax Surveys Offering $ for Participating Are Not Unsolicited Advertisements Under the TCPA Squire Patton Boggs (US) LLP
Feb
21
2020
Second Circuit Holds Federal Banks Are Government Entities For FCA Purposes, Revives Qui Tam Suit Against Wells Fargo Dinsmore & Shohl LLP
Oct
5
2011
Second Circuit Holds First Sale Doctrine Inapplicable to Foreign-Made Goods McDermott Will & Emery
Aug
12
2015
Second Circuit Holds FLSA Cases Cannot Be Settled Without Court Review Epstein Becker & Green, P.C.
Sep
22
2014
Second Circuit Holds Forum Selection Clause Supersedes FINRA’s Mandatory Arbitration Rule Sheppard, Mullin, Richter & Hampton LLP
Mar
22
2016
Second Circuit Holds HR Director May Be Individually Liable Under FMLA Based On “Economic Realities” Analysis Proskauer Rose LLP
Dec
9
2019
Second Circuit Holds Judicial Approval Not Required When Settling FLSA Claim Pursuant to Rule 68(a) Offer of Judgment Greenberg Traurig, LLP
May
30
2014
Second Circuit Holds Mandatory Broker Dealer Arbitration Not Available to Non-Customer Katten
Jul
2
2019
Second Circuit Holds New York’s Met Museum Can Keep Picasso’s The Actor Wilson Elser Moskowitz Edelman & Dicker LLP
May
17
2019
Second Circuit Holds Receipt of Unwanted Text Messages, Even Without Other Alleged Harm, Confers Standing for TCPA Claims Ballard Spahr LLP
Dec
29
2014
Second Circuit Holds RMBS-issued (Residential Mortgage-backed Securities) Certificates Are Exempt from the Trust Indenture Act (TIA) Sheppard, Mullin, Richter & Hampton LLP
Jan
13
2013
Second Circuit Holds Section 16(b) Inapplicable to Different Classes of Common Stock Katten
Apr
26
2017
Second Circuit Holds Termination of Employee Who Attacked Supervisor in Obscene Facebook Post Violates NLRA Mintz
Jan
2
2020
Second Circuit Holds that a “Personal Benefit” Is Not Required for Insider Trading Under Criminal Securities Statute Proskauer Rose LLP
Aug
27
2021
Second Circuit Holds that Accurately Reported Financial Statements Are Not Actionable and that Materiality Has a Half-Life Proskauer Rose LLP
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
 

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