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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Jul
27
2017
Second Circuit Clarifies Fifth Amendment Law, with Implications for US Prosecution of International Cartels McDermott Will & Emery
Mar
2
2018
Discovery Misconduct Can Cost More Than Just Your Case McDermott Will & Emery
Jul
26
2018
Mind Your Own Place of Business McDermott Will & Emery
Nov
29
2018
Lack of Clarity in Consent Decree Dooms Subsequent Injunction McDermott Will & Emery
Jan
30
2019
Second Circuit: No First Sale Doctrine for Reproduced Digital Files McDermott Will & Emery
Jun
11
2019
US Supreme Court to Review Unusual Second Circuit Decision in Stock Drop Case Against IBM McDermott Will & Emery
Aug
21
2020
“Because of Bostock ” – Court Delays HHS Rule Re-interpreting Section 1557 Discrimination “Because of Sex” McDermott Will & Emery
Nov
9
2023
Unfair Play: Unjust Enrichment for Copying and Using Non-Trade-Secret Spreadsheet McDermott Will & Emery
Sep
11
2011
Second Circuit Dismisses $500M Telecom Antitrust Suit McDermott Will & Emery
May
22
2013
N.Y. Administrative Law Judge (ALJ) Holds Taxpayer’s Motives for Acquiring Stock and How Stock Is Used Irrelevant in Determining Investment Capital McDermott Will & Emery
Mar
8
2017
Second Circuit Dismisses Sub-Prime Mortgage Crisis Complaint on Materiality Grounds Because Government Paid Claims Despite Notice of Alleged Fraud McDermott Will & Emery
Mar
26
2020
Second Circuit Asks Whether It Should Further Limit FCPA’s Application McDermott Will & Emery
Jun
24
2021
Second Circuit Rejects FTC Challenge of 1-800 Contacts, Highlighting Procompetitive Trademark Policy McDermott Will & Emery
Apr
6
2013
Modifying Circuit Court’s Mandate to U.S. Patent and Trademark Office (PTO) Requires “Exceptional Circumstances” McDermott Will & Emery
Aug
2
2013
Ambiguity as to Copyright Renewal Term Must Be Litigated McDermott Will & Emery
Feb
26
2015
FCA Enforcement Action to Watch: Government Intervened in Reverse False Claims Case McDermott Will & Emery
Aug
26
2020
Diamonds to Dust? Too Many Factual Disputes Precludes Summary Judgment McDermott Will & Emery
Mar
13
2012
“Caught Up” Not Substantially Similar to “Caught Up” McDermott Will & Emery
Mar
9
2013
Second Circuit Affirms Willful Infringement of Fendi’s Trademark McDermott Will & Emery
Sep
19
2013
Second Circuit Reaffirms Taxpayer’s Use of Protective Refund Claims McDermott Will & Emery
Sep
29
2015
SDNY Holds that Corporate Attorney-Client Privilege Trumps Individual Advice-of-Counsel Defense McDermott Will & Emery
Feb
24
2016
Copyright Act Statute of Limitations: Waiting to File Makes No (50) Cents McDermott Will & Emery
Nov
29
2016
Termination of Distribution Agreement Does Not Affect Licenses to Cloud-Based Access McDermott Will & Emery
Dec
28
2017
Mississippi Court Dismisses Multiple Claims in Distributor Termination Case McDermott Will & Emery
Aug
20
2019
Second Circuit Declines To Limit FCPA's Scope McDermott Will & Emery
Aug
26
2020
Buzz-sawed: Give Copyright Credit or Face Statutory Damages, Fees, Costs McDermott Will & Emery
Feb
3
2022
#Blessed? Preliminary Injunction Related to Social Media Accounts Vacated McDermott Will & Emery
Mar
31
2022
Supreme Court to Consider Fair Use and Transformative Works of Art McDermott Will & Emery
Mar
11
2013
Exclusive License Not Required for Standing to Claim Misappropriation of a Trade Secret Involving Subway Car Brakes McDermott Will & Emery
Jun
1
2013
The [Appropriation] Artist Is a Prince: Cariou v. Prince Re: Copyright Infringement McDermott Will & Emery
Jul
30
2015
No Copyright in Individual Contributions to a Film McDermott Will & Emery
Feb
25
2016
Glass Half Full for Russian Federation Successor’s Stolichnaya Infringement Saga McDermott Will & Emery
Sep
7
2016
First 60 Day Rule Overpayment Case Ends with Almost $3 Million Settlement McDermott Will & Emery
Nov
29
2016
Not All Repeat Infringer Policies Are Sufficient for Safe Harbor Protection McDermott Will & Emery
Dec
29
2016
Suggestive Versus Descriptive Marks: Trademark Dispute Commerce Media, Inc. v. Collective, Inc. McDermott Will & Emery
 

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