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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Nov
1
2016
Second Circuit Finds Use of "Who's on First" Routine Not Transformative and Not Fair Use Proskauer Rose LLP
Oct
27
2016
Second Circuit Finds Offer of Judgment on Individual Claims Negates Standing for Class K&L Gates
Oct
25
2016
Proper Geographic Scope for Injunctive Relief in Trademark Infringement Katten
Oct
21
2016
DOJ-AmEx Case Could Have Ramifications for Health Care Providers Polsinelli PC
Oct
20
2016
Jury Gets to Decide: Are Prolonged Walking, Standing Essential Functions of Employee’s Job? Barnes & Thornburg LLP
Oct
18
2016
Second Circuit Court Sanctions Both Defendants’ CEO And Defendants’ Counsel For Discovery Misconduct Jackson Lewis P.C.
Oct
15
2016
No Protection for Network Marketing Provider That Had Knowledge and Authority to Control Deceptive Conduct of Affiliates Sheppard, Mullin, Richter & Hampton LLP
Oct
12
2016
Think Your Arbitration Award Is Final? Second Circuit Says Maybe “Look Through” It Again Proskauer Rose LLP
Oct
11
2016
In GAMCO v. Vivendi, the Second Circuit Affirms that Value Investors Can Rely on the Fraud-on-the-Market Presumption Unless Specific Facts Establish Non-Reliance Mintz
Oct
10
2016
The Dangers of Selecting an Exclusive Arbitral Forum Squire Patton Boggs (US) LLP
Oct
10
2016
Failure to Provide Documentation, Misconduct, Defeats FMLA Retaliation Claim in Process Jackson Lewis P.C.
Oct
7
2016
New York Federal Court Clarifies Standard For CFTC Price-Based Manipulation Charge Bracewell LLP
Oct
6
2016
Know Thy Software Vendor: Website Operator Cannot Sidestep Copyright Infringement Claims over Link to Allegedly Infringing Software Proskauer Rose LLP
Oct
6
2016
Second Circuit Jury Awards Tiffany & Co. Punitive Damages of $8.24 Million in Costco Infringement Case Squire Patton Boggs (US) LLP
Oct
4
2016
Revisiting the Post-Sale Duty to Warn re: General Motors Ignition Switch Multidistrict Litigation Wilson Elser Moskowitz Edelman & Dicker LLP
Oct
4
2016
Limit Your Pre-Employment Inquiries to Job-Related Questions Foley & Lardner LLP
Sep
29
2016
Foreign Law, American Injury: International Comity in U.S. Courts Hunton Andrews Kurth
Sep
28
2016
Second Circuit Affirms Exclusion of Certain Foreign Purchasers and Purchases from Securities Class Action Proskauer Rose LLP
Sep
28
2016
Iron Man Composer Battles Tech Giant Sony and Ghostface Killah McDermott Will & Emery
Sep
26
2016
New York Federal Judge Rules ”Bitcoins” Qualify as Money: “It’s Virtually Money!” Squire Patton Boggs (US) LLP
Sep
26
2016
SDNY Refuses to Dismiss Executive’s Dodd-Frank Retaliation Claim Proskauer Rose LLP
Sep
23
2016
Think A Class Is Certified? Not So Fast…. Second Circuit Affirms Decertification of Class Even After Jury Verdict, Overturning Jury Award Jackson Lewis P.C.
Sep
23
2016
A Sovereign Thumb on the Scale: Second Circuit Appeals Court Defers to China’s Interpretation of Its Own Laws To Dismiss Antitrust Suit Proskauer Rose LLP
Sep
22
2016
International Comity and Deference: A Foreign Government with Final Say When Interpreting its Own Laws Proskauer Rose LLP
Sep
22
2016
Café Manager Seeks Class Action for Overtime Pay Murtha Cullina
Sep
22
2016
War Over Sexual Orientation and Title VII Rages On Barnes & Thornburg LLP
Sep
19
2016
Employers May Be Accountable for Low-Level Employee Actions - Watch Out for the Cat’s Paw Foley & Lardner LLP
Sep
15
2016
Clean Water Act: EPA Settlement Telegraphs Changes to General Permit Coverage for Facilities with Coal Tar Sealed Pavement Bergeson & Campbell, P.C.
Sep
13
2016
Virtus Investment Partners Asks Court to Certify for Interlocutory Appeal Its Decision on Loss Causation Concerning Mutual Fund Disclosures Mintz
Sep
12
2016
Plaintiff’s ATM & Cell Phone Records May Be Discoverable When There Is Particularized Showing of Relevance Epstein Becker & Green, P.C.
Sep
9
2016
The Distinction Between the Duty to Pay Defense Costs and the Duty to Indemnify Defense Costs Squire Patton Boggs (US) LLP
Sep
9
2016
Erie v. Tompkins, 304 U.S. 64; 367 (1938) Rosenfeld Injury Lawyers
Sep
8
2016
Second Circuit Blazes New Trail in Set-Top Box Cases: Cable Service and Boxes Are Not Separate Products Proskauer Rose LLP
Sep
8
2016
Sarbanes-Oxley Whistleblower Obtains $2.7M in Front Pay Zuckerman Law
Sep
8
2016
Sleeping On The Job Due To Prescription Medication Not A Sufficient Basis to Dismiss Disability Discrimination Complaint Jackson Lewis P.C.
Sep
7
2016
First 60 Day Rule Overpayment Case Ends with Almost $3 Million Settlement McDermott Will & Emery
Sep
7
2016
Muslim Employee Has Triable Discrimination Claim Arising From Five-Day Suspension for Using Gym During Work Hours Jackson Lewis P.C.
Sep
6
2016
"Dispatched" Employee's Retaliation Claim Revived Where Low Level Co-Worker Provided "Doctored" Evidence Murtha Cullina
Sep
3
2016
Chandris v. Latsis: Applying Jones Act to Injury Case Rosenfeld Injury Lawyers
Sep
1
2016
Second Circuit Gives Amtrak a Possible Second Chance for Sandy Relief Squire Patton Boggs (US) LLP
Sep
1
2016
Second Circuit Extends Reach of Cat’s Paw: Vasquez v. Empress Ambulance Service Epstein Becker & Green, P.C.
Sep
1
2016
Broadening Scope of Cat’s Paw Theory - 2nd Circuit Sharpens Its Claws Squire Patton Boggs (US) LLP
Aug
31
2016
Second Circuit Seeks Guidance From NY Court of Appeals on Scope of Liability for Discrimination Based on Criminal Conviction History Proskauer Rose LLP
Aug
30
2016
Second Circuit Holds That Non-Supervisory Employee’s Retaliatory Intent May Be Imputed to an Employer Under Title VII Proskauer Rose LLP
Aug
24
2016
General Understanding Enough for Admissibility Under Daubert IMS Legal Strategies
Aug
22
2016
Are Pre-Certification Claims Mooted By Deposited Full Settlement Offers? Don’t Pick Me Off Proskauer Rose LLP
Aug
17
2016
Switching Consumer Device to Ad-Supported Environment Is Not Deceptive under New York Law Proskauer Rose LLP
Aug
16
2016
Buyer Beware: Sale “Free and Clear” is not Free and Clear of Claims Whose Holders Were not Provided Notice of Sale Hearing Holland & Hart LLP
Aug
8
2016
Who Wins in SEC Administrative Proceedings? Proskauer Rose LLP
Aug
6
2016
Sexual Misconduct Investigations in Higher Ed Facing Scrutiny by Courts for Gender Bias Armstrong Teasdale
 

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