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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Mar
6
2020
Caution When Approaching Artistry Robinson & Cole LLP
Apr
25
2024
California Trap & Trace Class Actions on the Rise in the Age of Website Trackers Robinson & Cole LLP
Oct
7
2019
Second Circuit Upholds Reduction of Attorneys’ Fees Sought in ERISA Benefits Case Robinson & Cole LLP
Apr
29
2024
Key Second Circuit Decision Defines AKS Willfulness Standard Robinson & Cole LLP
Jan
24
2024
SDNY USAO Formalizes Race to the Prosecutor’s Office with Whistleblower Pilot Program That Pits Individual Whistleblowers Against Companies Making Self-Disclosures Robinson & Cole LLP
Jan
7
2021
Canon Hit with Data Breach Class Action Suit by Former and Current Employees Robinson & Cole LLP
Dec
15
2023
Kudos to Microsoft’s Takedown of Storm-1152 Robinson & Cole LLP
Feb
8
2022
Second Circuit Clarifies That Reclassification of Health Status That Limits Scope of Disability Benefits Does Not Constitute “Adverse Benefit Determination” Under ERISA Claims Procedures Regulation Robinson & Cole LLP
Jan
17
2019
Second Circuit Upholds District Court’s Choice of Equitable Remedies Under ERISA and Its Decision to Award Prejudgment Interest at the Federal Prime Rate Robinson & Cole LLP
Sep
23
2019
RLUIPA Does Not Apply to Uninsured Amish Roofer Repairing Homeowner’s Damaged Roof Robinson & Cole LLP
Aug
14
2020
Connecticut District Court Enforces ERISA Venue Provisions and Dismisses Lawsuit with No Connection to Connecticut Robinson & Cole LLP
Jul
15
2021
Canon Pushes for Dismissal for Lack of Standing in Data Breach Class Action Robinson & Cole LLP
Mar
21
2023
Second Circuit Casts Doubt on Named Plaintiff Service Awards And Leaves Enforceability of Future Release For Another Day Robinson & Cole LLP
Jan
19
2019
Beware Of The Warranty – Second Circuit Relies On Terms Of Warranty, Not Policy, To Make Coverage Determination Carlton Fields
Apr
18
2019
S.D.N.Y. Vacates Amended Arbitration Award, Confirms Original $39 Million Award, Finding Panel Exceeded Authority and Manifestly Disregarded Law Carlton Fields
Apr
24
2019
New York Federal Court Rejects Attempt to Vacate Arbitration Award Related to Theft of Corporate Assets Carlton Fields
Jun
27
2019
Second Circuit Affirms Ruling Rejecting Lack of Notice Defense Under New York Convention Article Carlton Fields
Oct
16
2019
Second Circuit Affirms Judgment Confirming Arbitration Award in Favor of Labor Union Involving Alleged Non-Signatory to Collective Bargaining Agreement Carlton Fields
Nov
10
2019
Court Orders Stay of New Arbitration Over Disputed Reinsurance Billings and Compels Parties to Proceed Before a Predecessor Arbitration Panel Carlton Fields
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
May
28
2019
New York Federal Court Finds Vacatur of Arbitration Award Not Warranted Carlton Fields
Jul
2
2019
EDNY "Teas" It Up On Additional Insured, Finds Insurer May Withdraw Defense and Recoup Defense Costs Carlton Fields
Sep
9
2019
Hearsay What? EDNY Finds That Class Certification Evidence Must Be Admissible Carlton Fields
Feb
13
2019
Second Circuit Affirms Order Compelling Arbitration, Rejects as Waived Arguments Not Made Before Trial Court Carlton Fields
Aug
23
2019
Court Remands Arbitration Award to Arbitrator for Clarification Carlton Fields
Sep
10
2019
Court Stays Yacht-Wreck Coverage Action Pending Concurrent Proceeding to Vacate Arbitration Award in Favor of Insurers Carlton Fields
Jun
14
2019
EDNY “Teas” Up on Insurer’s Right to Withdraw Defense and Recoup Defense Costs from Additional Insured Carlton Fields
Jul
26
2019
When Should an Insurer Deny Coverage? The Second Circuit Provides Guidance on What Constitutes a Reasonable Time by Which to Deny Coverage Under New York Law Carlton Fields
Sep
16
2019
District of Connecticut Enforces Amex Arbitration Clause Where Cardmember Did Not “Opt Out” Carlton Fields
Nov
16
2019
Southern District of New York Holds That Arbitrator’s Refusal to Postpone Hearing and Consider Witnesses Not “Misconduct” Requiring Vacatur Carlton Fields
Aug
23
2019
Second Circuit Confirms: Rolling Trash Cans Are Not “Vehicles” as Common Sense Prevails Again Carlton Fields
Oct
8
2019
Second Circuit Confirms Arbitration Awards That Are (Literally) Out of This World Carlton Fields
Nov
17
2019
SDNY Compels Arbitration Based on Severability Doctrine, Finds Fee-Shifting Clause Not Unconscionablex Carlton Fields
Apr
8
2019
Discovery Under Section 1782 Denied Based on Finding That Chinese Arbitration Organization Was Not a “Foreign or International Tribunal” Carlton Fields
Aug
1
2019
SDNY Dismisses Captive Reinsurer’s Counterclaims, Finding Reinsurance Agreement Never Rescinded and Cedent’s Duty to Cede Premiums Never Arose Carlton Fields
 

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