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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Aug
4
2015
New York District Court Appears to Sustain Attack on SEC Administrative Proceedings Proskauer Rose LLP
Aug
4
2015
Petrobras Shareholders’ Brazilian-Law Claims Are Subject to Mandatory Arbitration Provision Proskauer Rose LLP
Aug
3
2015
Second Circuit Closes An Open Question: Grant Of Motion To Compel Arbitration Requires Stay Not Dismissal Squire Patton Boggs (US) LLP
Jul
30
2015
Government Seeks Supreme Court Review In Second Circuit Insider-Trading Case Proskauer Rose LLP
Jul
30
2015
No Copyright in Individual Contributions to a Film McDermott Will & Emery
Jul
30
2015
2nd Circuit Upholds Connecticut State Dental Commission “Economic Protectionism” Barnes & Thornburg LLP
Jul
29
2015
Litigants Beware: Filing an Involuntary Bankruptcy Could Make You a Debtor Rather than a Creditor Squire Patton Boggs (US) LLP
Jul
27
2015
Second Circuit Court of Appeals Adopts “Primary Beneficiary Test” and Provides Guidance on the Unpaid Intern Question Sheppard, Mullin, Richter & Hampton LLP
Jul
27
2015
The Filed Rate Doctrine and Lender-Placed Insurance Squire Patton Boggs (US) LLP
Jul
27
2015
Second Circuit Revives Contract Attorney’s Misclassification Suit Proskauer Rose LLP
Jul
23
2015
Second Circuit Holds That Contract Attorney Properly Alleged Misclassification Claim Jackson Lewis P.C.
Jul
20
2015
Federal Appeals Court in New York to Clarify When Seizures of Computers are Unconstitutional Jackson Lewis P.C.
Jul
13
2015
Unpaid Interns: The Second Circuit Pours Cold Water on a Hot Topic Foley & Lardner LLP
Jul
10
2015
New Second Circuit Opinion Provides Guidance for Employers with Unpaid Interns Epstein Becker & Green, P.C.
Jul
10
2015
Ninth Circuit Disagrees with Second Circuit on Personal-Benefit Requirement for Insider Trading Proskauer Rose LLP
Jul
8
2015
Second Circuit Continues the Ebook Saga by Affirming Apple’s Role in an Unlawful Price Fixing Conspiracy Mintz
Jul
8
2015
Second Circuit Adopts The “Highly Individualized” Primary Beneficiary Test In Unpaid Intern Lawsuits Proskauer Rose LLP
Jul
8
2015
Second Circuit Adopts "Primary Beneficiary" Test to Determine Whether Interns Fall Outside the Statutory Definition of "Employee" Epstein Becker & Green, P.C.
Jul
8
2015
Does Your ADA Accommodation Have To Be Perfect, or Can It Just Get The Job Done? McBrayer, McGinnis, Leslie and Kirkland, PLLC
Jul
8
2015
Second Circuit establishes “Primary Beneficiary” test to determine whether interns are employees covered by the FLSA Godfrey & Kahn S.C.
Jul
7
2015
Recent Federal Appellate Decisions Acknowledge Limits on Employer’s Obligation to Engage in ADA Interactive Process Mintz
Jul
7
2015
Second Circuit Establishes New Test for Unpaid Intern Claims Morgan, Lewis & Bockius LLP
Jul
6
2015
Second Circuit Entertains Argument on Scope of Dodd-Frank Whistleblower Provision Proskauer Rose LLP
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.
Jul
2
2015
Unpaid Intern v. Employee Classification Analysis Must Look at Who is Primary Beneficiary of Relationship, Second Circuit Holds Mintz
Jul
2
2015
Second Circuit Appellate Court Weighs In on Pharmaceutical “Product Hopping” McDermott Will & Emery
Jul
1
2015
Manhattan Federal Court: Financial Firm Retained Discretion to Award or Not Award Bonus Jackson Lewis P.C.
Jun
30
2015
No Clear Notice, No Contempt: U.S. Polo Ass’n v. PRL USA Holdings - Trademark Litigation McDermott Will & Emery
Jun
30
2015
Music Streaming Rights Are Included in ASCAP’s Licenses McDermott Will & Emery
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
Jun
23
2015
Second Circuit Refuses to Stay Injunction During American Express Appeal re: Anti-steering Rules McDermott Will & Emery
Jun
23
2015
Worth the Fight: Conditional Certification of FLSA Collective Actions is Not Automatic Faegre Drinker
Jun
19
2015
Second Circuit Rules that FIRREA’s Ten-Year Statute of Limitations Applies Even When Banks Participate in the Fraud ArentFox Schiff LLP
Jun
18
2015
UPDATE: Vivendi Employs Creative Arguments on Damages and the Fraud-on-the-Market Theory to Prevent Class Recovery Mintz
Jun
17
2015
New York Federal Court Declines To Certify Damages Class in Baseball Blackout Suit McDermott Will & Emery
Jun
16
2015
Connecticut Court Possesses Personal Jurisdiction Over “Demonologist” Publisher Proskauer Rose LLP
Jun
15
2015
MF Global: The In Pari Delicto Defense is Alive and Well Squire Patton Boggs (US) LLP
Jun
11
2015
Microsoft Ireland Case – Status and What’s to Come Morgan, Lewis & Bockius LLP
Jun
11
2015
Vivendi Employs Creative Arguments on Damages and the Fraud-on-the-Market Theory to Prevent Class Recovery Mintz
Jun
11
2015
Pleading Standard Saves SEC’s Insider-Trading Case Proskauer Rose LLP
Jun
4
2015
Second Circuit Holds a Hard Switch Between Drugs Is an Unlawful Product Hop Under Section 2 Mintz
Jun
2
2015
Second Circuit Requires Manufacturer to Continue Selling Old Version of Drug to Prevent Anticompetitive "Product Hopping" ArentFox Schiff LLP
Jun
1
2015
In Affirming a Preliminary Injunction Against Drug Companies, Second Circuit Finds Coercion in Product Hopping Scheme American University Washington College of Law
May
30
2015
Big-Time Fun Restaurant Is Having a Decidedly Unfunny Time After Cutting Health Care Benefits Squire Patton Boggs (US) LLP
May
29
2015
Second Circuit Dismisses Suit Over FBI’s Wiretapping of Marital Conversations in Securities Fraud Investigation Katten
May
28
2015
Pre-Arbitration Injunction May Only Preserve Status Quo re: Breach of a Trademark License Agreement McDermott Will & Emery
May
26
2015
Second Circuit Narrows Scope of SLUSA Preclusion - Securities Litigation Uniform Standards Act Sheppard, Mullin, Richter & Hampton LLP
May
26
2015
Massachusetts Federal Court Denies Motion to Dismiss Insider Trading Indictment Katten
May
26
2015
Motion to Sever Denied as Opt Out Alternative by Judge Swain of the Southern District of New York Mintz
May
22
2015
Large Secondary Market Transaction Allegedly Gone Awry Faegre Drinker
 

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