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
3
2014
Buying Standing? Buyer Beware. Re: Doctrine of Standing Sherin and Lodgen LLP
Feb
12
2018
BEWARE: In Bankruptcy, “Equity Compensation” Treated As Equity, Not Compensation Sherin and Lodgen LLP
Oct
1
2019
Cases to Watch: United States Supreme Court to Decide Whether Title VII’s Prohibition against Sex Discrimination Protects LGBTQ Individuals Sherin and Lodgen LLP
Dec
18
2013
Second Circuit Grants Worker Adjustment Retraining and Notification Act (WARN) Plaintiffs New Life On “Single Employer” Theory Jackson Lewis P.C.
Feb
11
2014
Denying Motion for Conditional Certification, NY District Court Says FLSA (Fair Labor Standards Act) Notice and Opt-In Process Is Not A Discovery Device Jackson Lewis P.C.
Apr
27
2014
U.S. Chamber of Commerce’s Amicus Brief Argues For Economic Value of Internships to Businesses, Employees and Students Jackson Lewis P.C.
Dec
1
2014
New York Federal Court Allows Retaliation Claim to Proceed Where Reason for Termination was Unclear Jackson Lewis P.C.
Jul
2
2015
Second Circuit Holds “Primary Beneficiary” Test Is Standard To Determine Employee Status Of Unpaid Interns; Likely Dooms Any Unpaid Intern Class and Collective Actions Jackson Lewis P.C.
Aug
17
2015
Second Circuit: MLB “Fanfest” Properly Treated as Exempt Recreational Establishment Jackson Lewis P.C.
Sep
11
2015
Split Second Circuit Decision Potentially Sets Stage for SCOTUS Review of DFA Whistleblower Provision Jackson Lewis P.C.
Sep
28
2015
New York Federal Court Finds Business Properly Classified Translators As Independent Contractors Jackson Lewis P.C.
Jun
11
2019
Second Circuit: ADA Allows Hostile Work Environment Claims Jackson Lewis P.C.
Oct
2
2019
First Crack in the Armor of the Segal Blend? Jackson Lewis P.C.
Sep
13
2021
Second Circuit Revives Share-Class Claim in NYU Retirement Plan Class Action Jackson Lewis P.C.
Oct
31
2022
Goldman Sachs Successful in Getting 401(k) Fee Class Action Dismissed Jackson Lewis P.C.
Dec
4
2013
Federal Court Judge Reverses Prior Opinion, Finds Insurance Adjusters Exempt Jackson Lewis P.C.
Jun
20
2014
Second Circuit Upholds Volunteer Finding Vis a Vis Former Student Turned School Aid Jackson Lewis P.C.
Sep
14
2015
Train Agent’s Lilly Ledbetter Argument in ADA Demotion Claim Left on Platform Jackson Lewis P.C.
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.
Oct
18
2016
Second Circuit Court Sanctions Both Defendants’ CEO And Defendants’ Counsel For Discovery Misconduct Jackson Lewis P.C.
Oct
3
2019
What Am I Doing Wrong?? Common FMLA Mistakes Jackson Lewis P.C.
Apr
6
2021
FAA Preempts New Jersey’s Implied Restriction on Use of Arbitration Agreements, Court Finds Jackson Lewis P.C.
Apr
26
2022
District Court Upholds New York City Hotel Severance Law Jackson Lewis P.C.
Dec
19
2013
New York Federal Court Upholds Payment of Overtime Pursuant to Fluctuating Workweek Method Notwithstanding Bonus Pay Jackson Lewis P.C.
Mar
26
2014
Second Circuit Rejects Plaintiff’s Tolling, Willfulness Arguments Jackson Lewis P.C.
Sep
26
2014
U.S. Supreme Court’s Rejection of Moench Presumption: Fifth Third Bancorp. vs. Dudenhoeffer Jackson Lewis P.C.
Jan
26
2015
Second New York Judge Agrees Time Spent In Mandated Alcohol Treatment Meetings Did Not Constitute “Work” Jackson Lewis P.C.
Jul
14
2016
NFL v. Brady: Headed for the Supreme Court? Jackson Lewis P.C.
Sep
7
2016
Muslim Employee Has Triable Discrimination Claim Arising From Five-Day Suspension for Using Gym During Work Hours Jackson Lewis P.C.
Mar
9
2017
Second Circuit Holds “Hispanic” Is a Race Under Section 1981 and Title VII Jackson Lewis P.C.
Feb
11
2019
Second Circuit Shears Cosmetology Student’s Claims in Intern-or-Employee Case Jackson Lewis P.C.
Jul
3
2019
Federal Arbitration Act Preempts New York’s Bar on Agreements to Arbitrate Sexual Harassment Claims, Court Rules Jackson Lewis P.C.
Jul
6
2020
Second Circuit Affirms Use of Fluctuating Workweek Pay Method for ‘Big Box’ Store District Managers Jackson Lewis P.C.
Sep
23
2020
DHS May Resume Public Charge Rule, Federal Appeals Court Rules Jackson Lewis P.C.
May
19
2021
401(k) Investment Option Challenge Heads to Ninth Circuit Jackson Lewis P.C.
 

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