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.

Custom text	Title Sort descending	Organization
Nov 24 2012	Second Circuit Holds That Argentinean National Bank Is Not Alter Ego of Argentina	Katten
Jul 15 2019	Second Circuit Holds That Blocking Users’ Access To Presidential Twitter Account Violates First Amendment	Faegre Drinker
Sep 3 2020	Second Circuit Holds That CDO Swap Payment Priority-Shifting Provisions Are Covered by Section 560 Safe Harbor	Faegre Drinker
Jun 21 2017	Second Circuit Holds that Contingent Equity-Based Compensation of Former Lehman Employees are Subordinate to Creditor Claims	Sheppard, Mullin, Richter & Hampton LLP
Jul 23 2015	Second Circuit Holds That Contract Attorney Properly Alleged Misclassification Claim	Jackson Lewis P.C.
Jun 24 2017	Second Circuit Holds that Contractual Consent May Not be Unilaterally Revoked under the TCPA	K&L Gates
Oct 4 2010	Second Circuit Holds That Corporations Cannot Be Held Liable For Claims Brought Under The Alien Tort Statute	Sheppard, Mullin, Richter & Hampton LLP
Aug 15 2014	Second Circuit Holds That Dodd-Frank Act Does Not Protect Whistleblower Outside U.S. Territory	Mintz
Nov 2 2021	Second Circuit Holds that Expanding FSIA to Criminal Cases Would Not Save a Turkish Bank from U.S. Prosecution	Proskauer Rose LLP
Sep 18 2011	Second Circuit Holds that Falsity of Estimates of Goodwill and Loan Loss Reserves For Purposes of Sections 11 and 12(a)(2) of the Securities Act of 1933 Hinges on the Speakers' Subjective Belief in the Estimates' Accuracy	Sheppard, Mullin, Richter & Hampton LLP
Feb 4 2014	Second Circuit Holds that Federal Common Law Prohibits Trading By Insiders of a Cayman Islands Corporation While In Possession of Material Nonpublic Information	Sheppard, Mullin, Richter & Hampton LLP
Dec 12 2019	Second Circuit Holds That FLSA Settlements Pursuant To An Offer of Judgment Do Not Need Court Approval	Sheppard, Mullin, Richter & Hampton LLP
Sep 18 2015	Second Circuit Holds that FLSA Settlements Require Court or Department of Labor Approval	Sheppard, Mullin, Richter & Hampton LLP
Dec 12 2017	Second Circuit Holds that Hearst Interns are not Employees	Barnes & Thornburg LLP
May 27 2020	Second Circuit Holds That Investors Who Delegate Discretionary Authority to Investment Advisors are not Members of a “Group” for Purposes of Section 16(b) Liability	Sheppard, Mullin, Richter & Hampton LLP
Mar 12 2019	Second Circuit Holds That Issuer’s Alleged Statements Concerning Its Regulatory Compliance Efforts Do Not Constitute Material Misstatements	Sheppard, Mullin, Richter & Hampton LLP
Jul 5 2018	Second Circuit Holds That New York’s Two Year Contestability Statute Means Two Years	Squire Patton Boggs (US) LLP
Aug 30 2016	Second Circuit Holds That Non-Supervisory Employee’s Retaliatory Intent May Be Imputed to an Employer Under Title VII	Proskauer Rose LLP
Apr 4 2020	Second Circuit Holds that Registering to do Business in New York Under Section 1301 of the Business Corporation Law Does Not Constitute Consent to General Personal Jurisdiction in New York Courts	Sheppard, Mullin, Richter & Hampton LLP
Feb 27 2015	Second Circuit Holds That SIPA Does Not Permit an Inflation or Interest Adjustment to “Net Equity” Claims For Customer Property	Sheppard, Mullin, Richter & Hampton LLP
Aug 14 2013	Second Circuit Holds That The Fair Labor Standards Act Does Not Bar The Enforcement of Class Action Waivers	Sheppard, Mullin, Richter & Hampton LLP
Jul 22 2011	Second Circuit Holds That the Private Securities Litigation Reform Act of 1995 Bars All RICO Claims Based Upon Alleged Acts of Securities Fraud	Sheppard, Mullin, Richter & Hampton LLP
Aug 29 2023	Second Circuit Holds That the Syndicated Term Loans in Kirschner Are Not Securities	Proskauer Rose LLP
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
Feb 2 2013	Second Circuit Holds that Two Series of Common Stock Are Not Matchable Under the Short-Swing Profit Rule	Hunton Andrews Kurth
Aug 4 2014	Second Circuit Holds that “Deliberate Deception” Creates Legal Presumption of Consumer Confusion and Injury in a Two-Player Market: What a Tangled Web We Weave, When First We Practice to Deceive	Proskauer Rose LLP
Mar 13 2020	Second Circuit Holds “Delivery Fee” Is Not a Gratuity for Delivery Drivers	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar 9 2017	Second Circuit Holds “Hispanic” Is a Race Under Section 1981 and Title VII	Jackson Lewis P.C.
Mar 13 2019	Second Circuit Holds “Offering for Sale” Is “Advertising Injury” Under CGL Policy, But Allegation Not Enough to Trigger Duty to Defend	Carlton Fields
Jul 2 2015	Second Circuit Holds “Primary Beneficiary” Test Is Standard To Determine Employee Status Of Unpaid Interns; Likely Dooms Any Unpaid Intern Class and Collective Actions	Jackson Lewis P.C.
Jun 29 2015	Second Circuit Holds: You Can’t Always Get What You Want – As Long Your Employer Gives You What You Need (An Effective Accommodation)	Sheppard, Mullin, Richter & Hampton LLP
Jul 19 2016	Second Circuit Imposes Conditions On Bankruptcy Sales Free And Clear Of Successor Liability	ArentFox Schiff LLP
Jul 12 2013	Second Circuit Imposes Individual Liability on New York Mayoral Candidate for Fair Labor Standards Act Settlement	Sheppard, Mullin, Richter & Hampton LLP
Jun 2 2017	Second Circuit in Silk Road Appeal: No Fourth Amendment Protection in IP Addresses under the Third Party Doctrine	Covington & Burling LLP
May 23 2012	Second Circuit Interprets Morrison: Domestic Transactions in Securities on a Foreign Exchange	Vedder Price

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