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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Jun
13
2013
Sixth Circuit Splits with Second and Ninth Circuits Regarding Need to Allege Defendants' State of Mind for Claims Challenging Soft Information Under Section 11 of the Securities Act of 1933 Sheppard, Mullin, Richter & Hampton 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
Feb
4
2014
Second Circuit Affirms Dismissal of Short-Swing Profit Claim Against Goldman Sachs Arising from Six-Month Call Options Sheppard, Mullin, Richter & Hampton LLP
May
14
2014
“Get Outta Here!”: The Court Of Appeals Finds that New York Judges May Sua Sponte Dismiss Cases on Forum Non Conveniens Grounds in Limited Circumstances Sheppard, Mullin, Richter & Hampton LLP
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
Jan
19
2016
Morton Salt Presumption Of Injury Under Robinson-Patman Act Sheppard, Mullin, Richter & Hampton LLP
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
Oct
23
2017
The Southern District of New York Finds “Work Made For Hire” Under Italian Copyright Law 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
Aug
3
2021
Second Circuit Upholds Enforceability of SEC Tolling Agreements Sheppard, Mullin, Richter & Hampton LLP
Nov
3
2023
Second Circuit Reins in SEC Disgorgement Powers Sheppard, Mullin, Richter & Hampton LLP
Aug
19
2011
Second Circuit Addresses Materiality at the Pleadings Stage in Two Recent Decisions Sheppard, Mullin, Richter & Hampton LLP
Feb
4
2014
Second Circuit Holds Delaware Fiduciary Duty Law Preempted By Federal Interest In Fiscal Stability Sheppard, Mullin, Richter & Hampton LLP
May
14
2014
Commingling and Personal Piggy Bank Leads to Summary Judgment on Veil Piercing Claims Sheppard, Mullin, Richter & Hampton LLP
Jul
17
2014
Second Circuit Finds Possible Pretext in Vague Justification for Non-Transfer Sheppard, Mullin, Richter & Hampton LLP
Feb
11
2015
Second Circuit Clarifies that Allegations of Direct Fraudulent Representations Are Not Necessary for Market Manipulation Claims Under Section 10(b) and Rule 10b-5 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
Nov
28
2022
Federal Judge in NY Issues Preliminary Injunction to Block Retail Cannabis Licenses on Constitutional Grounds Sheppard, Mullin, Richter & Hampton LLP
Sep
28
2010
Second Circuit Rejects Application Of "Bespeaks Caution" Doctrine To Statement Containing Both Historical And Forward-Looking Elements Sheppard, Mullin, Richter & Hampton LLP
Aug
19
2011
District of Columbia and Seventh Circuits Allow for Corporate Liability Under The Alien Tort Statute, Splitting With Second Circuit Sheppard, Mullin, Richter & Hampton LLP
Mar
27
2013
Second Circuit Reverses Class Certification Order, Holding That a Clearing Broker's Alleged Knowledge of Fraud Against Shareholders, Absence Direct Involvement, Is Insufficient to Create a Duty of Disclosure Sheppard, Mullin, Richter & Hampton LLP
Jul
16
2013
Second Circuit Rejects the Application of American Pipe's Tolling Rule and Rule 15(c)'s "Relation Back" Doctrine to the Three-Year Statute of Repose for Section 11 and 12(a) Claims Sheppard, Mullin, Richter & Hampton LLP
Mar
10
2016
What is “Personal Benefit” for Insider Trading Tippee Liability? Sheppard, Mullin, Richter & Hampton LLP
Mar
29
2016
Mooting Plaintiff’s Class Action Even After Plaintiff Refuses An Offer Of Judgment Sheppard, Mullin, Richter & Hampton LLP
Sep
6
2017
Court Grants Motion for Conditional Certification Of An FLSA Collective Based Upon Single Affidavit That Was Contradicted By Deposition Testimony Sheppard, Mullin, Richter & Hampton LLP
Jun
16
2021
Second Circuit Reverses Ruling in FDCPA Case Sheppard, Mullin, Richter & Hampton LLP
Aug
16
2021
The Second Circuit Court of Appeals Finds That French Banker Need Not Travel to the United States to Seek Dismissal of Her Indictment Sheppard, Mullin, Richter & Hampton LLP
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
29
2013
Argentina's Financial Fate Now Depends on the U.S. Supreme Court Sheppard, Mullin, Richter & Hampton LLP
May
27
2016
Sixth Circuit Rules in Favor of Songwriter’s Heirs in Copyright Termination Decision in Jackson Brumley et al. v. Albert Brumley & Sons Inc. et al. Sheppard, Mullin, Richter & Hampton LLP
Apr
18
2022
Uniswap and VC Backers Sued For Selling Unregistered Securities Sheppard, Mullin, Richter & Hampton LLP
Jan
26
2024
CFPB and Attorneys General Sue Debt-Relief Enterprise Sheppard, Mullin, Richter & Hampton LLP
Aug
21
2011
Court Denies Louboutin Preliminary Injunction: Holds Fashion Blind to Single Color Marks Sheppard, Mullin, Richter & Hampton LLP
Oct
22
2013
Second Circuit Clarifies Scope of Securities Litigation Uniform Standards Act of 1998 (SLUSA) Preclusion Sheppard, Mullin, Richter & Hampton LLP
Dec
16
2013
Telephone Consumer Protection Act (TCPA) Class Actions Coming To New York Sheppard, Mullin, Richter & Hampton LLP
 

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