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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Apr
14
2022
Securities Litigation Update: Courts of Appeal Address the Exchange Act’s Exclusive-Jurisdiction and Non-Waiver Provisions, the Duty to Disclose, and Scienter Cadwalader, Wickersham & Taft LLP
Mar
29
2016
Southern District of New York’s Norske Skog Decision: What Constitutes Refinancing May Be In Eye of Beholder Cadwalader, Wickersham & Taft LLP
Nov
24
2018
Dismissal of Involuntary Bankruptcy Petition Against Taberna CDO is Win for Securitization Industry Cadwalader, Wickersham & Taft LLP
Dec
7
2020
COVID-19 Update: We’re All in This Together, but Landlords Are About to Take a Bath – SDNY Upholds Constitutionality of NYC’s Guaranty and Tenant Harassment Laws Cadwalader, Wickersham & Taft LLP
Jan
19
2022
Securities Litigation Update: Federal Courts Allow Section 10(b) Claims Based on Non-Fraudulent “Channel Stuffing” and Hyped COVID-19 Vaccine Candidate Cadwalader, Wickersham & Taft LLP
Mar
22
2023
SVB Financial Group Chapter 11 Case – Issues with the FDIC May Be Front and Center Cadwalader, Wickersham & Taft LLP
Jan
27
2017
Losing Your Marbles: A Sensible Interpretation of Section 316 of the Trust Indenture Act Cadwalader, Wickersham & Taft LLP
Jul
25
2017
US Second Circuit Finds Testimony Compelled by UK Regulators to be Inadmissible in Criminal Proceedings Cadwalader, Wickersham & Taft LLP
Mar
28
2019
Filling an Enforcement “Make-Whole”: Bankruptcy Court Enforces Prepayment Premium Notwithstanding Prepetition Loan Acceleration Cadwalader, Wickersham & Taft LLP
Apr
23
2021
Securities Litigation Update: Southern District of New York Dismisses Putative Securities Class Action Alleging Sale of Unregistered Cryptocurrency, But Risk Remains for Crypto-Issuers and Exchanges Cadwalader, Wickersham & Taft LLP
Oct
26
2022
Should I Stay or Should I Go: Second Circuit Holds that Mortgagee Violated Automatic Stay by Foreclosing on Property where Bankrupt Tenant was a Named Defendant Cadwalader, Wickersham & Taft LLP
Oct
12
2023
Jurisdictional Boundaries Between CFTC Swaps and SEC Security-Based Swaps Clarified Cadwalader, Wickersham & Taft LLP
Jun
28
2019
Southern District of New York Vacates Insider Trading Guilty Plea Based on Insufficient Personal Benefit Evidence Under United States v. Newman Cadwalader, Wickersham & Taft LLP
Dec
21
2018
District Court Holds That Receipt of Reorganized Stock Did Not Violate Turnover and Standstill Provisions in Intercreditor Agreement Cadwalader, Wickersham & Taft LLP
Jan
18
2017
Law Firm Data Breaches Demonstrate Expanding Scope of Cyber Attacks Cadwalader, Wickersham & Taft LLP
Mar
30
2023
Second Circuit Rules CFPB Funding Mechanism Is Constitutional, Deepening Split with Fifth Circuit Cadwalader, Wickersham & Taft LLP
Jun
8
2020
Kirschner Decision—Implications for CLOs and Syndicated Loans Cadwalader, Wickersham & Taft LLP
Nov
16
2021
You Win Some, You Lose Some: The Second Circuit Affirms Dismissal of Landlords’ Free Speech Challenge to Harassment Laws and Reverses Dismissal of Landlords’ Contract Clause Challenge to Guaranty Law Cadwalader, Wickersham & Taft LLP
Sep
16
2022
Revlon Reversal: Common Sense Prevails (Finally) Cadwalader, Wickersham & Taft LLP
May
29
2023
Are Loans Securities? A Kirschner Case Update Cadwalader, Wickersham & Taft LLP
Jan
17
2024
SDNY’s Whistleblower Pilot Program: Clarity for Individuals Could Cost Companies Cadwalader, Wickersham & Taft LLP
Oct
23
2019
Marketplace Lending Update #7: This and That Cadwalader, Wickersham & Taft LLP
Apr
15
2020
COVID-19 Update: COVID-19 and the Courts: Part II How Appellate Court Procedures Are Changing and What May Be Here to Stay Cadwalader, Wickersham & Taft LLP
May
26
2020
“Caveat Emptor”: New York Bankruptcy Court Disallows Bankruptcy Claims Purchased from Recipients of Avoidable Transfers; Is Enron Going, Going, . . . ? Cadwalader, Wickersham & Taft LLP
Feb
23
2024
Final Final Answer: Loans Are Not Securities Cadwalader, Wickersham & Taft LLP
Jan
9
2020
Prosecutors Not Required to Prove Tipper Received “Personal Benefit” to be Convicted Under Criminal Insider Trading Statute Polsinelli PC
Aug
30
2017
Federal District Court Finds Federal Law Does Not Preempt State Medical Marijuana Law’s Prohibition Against Employment Discrimination Polsinelli PC
Feb
14
2019
Four Circuits Agree: Regular and Reliable Attendance is an Essential Job Function Polsinelli PC
Apr
5
2016
HR Directors May be Individually Liable Under FMLA Polsinelli PC
Mar
8
2018
Second Circuit: Sexual Orientation Discrimination Is Covered Under Title VII Polsinelli PC
Apr
18
2018
Caution: Conferring Benefits to Employees May Be An Unfair Labor Practice Polsinelli PC
Jan
8
2016
Judge Rejects Heightened Pleading Standard for “Fraud Alert” Employees Polsinelli PC
May
14
2020
Lessons Learned from Class Actions Against Companies that Sell Memberships and Annual Passes Polsinelli PC
Sep
6
2023
Federal Appeals Court Reaffirms That Syndicated Loans Are Not Securities Polsinelli PC
Mar
26
2024
Regeneron v Novartis and Vetter: Walker Process Client Update Polsinelli PC
 

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