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
16
2016
'Right-Sizing' Full-Time Employees to Reduce ACA Obligations May Lead to ERISA Class Action Exposure McDermott Will & Emery
Mar
30
2017
No Common Law “Public Performance Right” for Broadcast of Pre-1972 Recordings McDermott Will & Emery
Feb
25
2020
2019 IP Law Year in Review: Copyrights McDermott Will & Emery
Jun
18
2020
Advertising Falls within Commercial Activity Exception to Sovereign Immunity McDermott Will & Emery
Sep
9
2020
No Remix: Copyright Act Preempts Right of Publicity Claim McDermott Will & Emery
Jun
23
2022
Lost and “Found”: Fourth Circuit Interpretation of Discovery in Support of Foreign Litigation Opens Circuit Split McDermott Will & Emery
Feb
12
2024
DOJ’s Labor Market Prosecution Against Aerospace Employees Dismissed; Alleged Market Allocation Not Within Per Se Rule McDermott Will & Emery
May
2
2024
Hot Mess? Second Circuit Douses Injunction Based on Weak Mark McDermott Will & Emery
Aug
18
2011
“Hot News” Cannot Be Enjoined Under Misappropriation Claim McDermott Will & Emery
Oct
7
2012
Copyright Protection for Architect’s Expression McDermott Will & Emery
Feb
27
2014
Release of Earnings Call Audio Recording Qualifies As Fair Use News Reporting: The Swatch Group Management Services Ltd. v. Bloomberg LP McDermott Will & Emery
May
28
2015
Pre-Arbitration Injunction May Only Preserve Status Quo re: Breach of a Trademark License Agreement McDermott Will & Emery
Sep
9
2015
The Second Circuit’s Apple Ebooks Opinion McDermott Will & Emery
Jul
26
2016
Injunction Ruled Too Narrow in Trademark Infringement Case: Not What the Doctor Ordered McDermott Will & Emery
Mar
4
2019
Second Circuit Rejects Total Wine Challenge of Connecticut Pricing Laws McDermott Will & Emery
Apr
16
2019
Second Circuit Weighs in on Tax Court’s Refund Jurisdiction McDermott Will & Emery
Sep
9
2020
SDNY Vacates Partion of DOL Final Rule in FFCRA McDermott Will & Emery
Jan
21
2021
No Appellate Jurisdiction to Review Post-Verdict Appeal of Previously Denied SJ Motion McDermott Will & Emery
Mar
4
2021
Colorful Non-Functionality Argument Misses the (Design) Mark McDermott Will & Emery
Mar
28
2024
All That Glitters: Use of Registered Mark To Describe Watch Color Was Fair Use McDermott Will & Emery
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
Dec
11
2012
Federal Court Vacates Conviction for Truthful Off-Label Promotion of FDA-Approved Drug McDermott Will & Emery
Jul
13
2013
Federal Judge Finds that Apple Conspired to Raise E-book Prices McDermott Will & Emery
Apr
15
2014
Section 1 Claims Dismissed in LIBOR (London InterBank Offered Rate), TIBOR (Tokyo InterBank Offered Rate) Class Action McDermott Will & Emery
Oct
14
2014
Mergers & Acquisitions: A Personal Interest in Compliance McDermott Will & Emery
Jan
9
2015
Second Circuit To Hear Expedited Appeal in “Product Hopping” Suit McDermott Will & Emery
Jun
30
2015
Music Streaming Rights Are Included in ASCAP’s Licenses McDermott Will & Emery
May
26
2016
Second Circuit Deals Blow to Off-Label Marketing Claims McDermott Will & Emery
Jul
26
2016
Kirtsaeng II: Fees in Copyright Cases Depend on Reasonableness of Litigation Position McDermott Will & Emery
Jun
24
2020
Second Circuit Avoids “Making Up” Copyright Ruling Finding Artist’s Claims Preempted McDermott Will & Emery
Oct
14
2021
Oh the Horror: No Work for Hire in Friday the 13th Screenplay McDermott Will & Emery
May
12
2022
The Perils of Falling in Love McDermott Will & Emery
Oct
20
2022
When Are Compulsory Copyright Licenses Compulsory? McDermott Will & Emery
Mar
28
2024
Same Product in Different Packaging May Constitute Separate Market for Antitrust Purposes McDermott Will & Emery
Aug
27
2013
Judge Refuses to Suspend Previous Apple, Inc. Ruling; Considers Limiting E-Book Negotiations McDermott Will & Emery
 

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