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
22
2013
Second Circuit Upholds Enforceability of Arbitration Agreements that Bar Title VII Class Actions, Finding that there is no Substantive Statutory Right to Pursue a Pattern-or-Practice Claim Sheppard, Mullin, Richter & Hampton LLP
Aug
3
2021
Second Circuit Upholds Enforceability of SEC Tolling Agreements Sheppard, Mullin, Richter & Hampton LLP
Feb
1
2014
Second Circuit Upholds Insider Trading Claim for Unregistered Securities Katten
Apr
7
2021
Second Circuit Upholds Insider Trading Conviction, Finding Sufficient Confidentiality Duty and Personal Benefit Proskauer Rose LLP
Sep
23
2020
Second Circuit Upholds Insider-Trading Conviction and Clarifies Scope of Requisite Fiduciary Relationship Proskauer Rose LLP
Feb
20
2019
Second Circuit Upholds Personal Liability of Individual Owner for Payday Debt Collection Companies’ FTCA and FDCPA Violations Ballard Spahr LLP
Oct
7
2019
Second Circuit Upholds Reduction of Attorneys’ Fees Sought in ERISA Benefits Case Robinson & Cole LLP
Jul
3
2020
Second Circuit Upholds Regulation BI Bracewell LLP
Mar
20
2012
Second Circuit Upholds SEC Finding that Willfully Failing to Report Personal Tax Liens is Sanctionable by Disqualification Greenberg Traurig, LLP
Mar
22
2014
Second Circuit Upholds SEC’s Authority to Obtain Disgorgement from Non-Trading Insider Profits Earned by Portfolio Fund from Insider Trading Sheppard, Mullin, Richter & Hampton LLP
Mar
19
2018
Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Aug
30
2017
Second Circuit Upholds Uber’s Mobile Contracting Process, Establishing Template for Mobile Online Contracting Proskauer Rose LLP
Jun
20
2014
Second Circuit Upholds Volunteer Finding Vis a Vis Former Student Turned School Aid Jackson Lewis P.C.
Jul
27
2021
Second Circuit Vacates CDA Decision and Reissues a Narrower Opinion Reaching Same Conclusion, Providing Some Practical CDA Lessons for the Future Proskauer Rose LLP
Mar
21
2014
Second Circuit Vacates Conviction After Counsel Misstated Deportation Consequences Katten
Aug
18
2014
Second Circuit Vacates Judge Rakoff's Order Refusing to Approve Consent Decree Vedder Price
Jun
6
2014
Second Circuit Vacates Judge Rakoff’s Order Refusing to Approve Citigroup “Neither Admit Nor Deny” Settlement Faegre Drinker
May
28
2023
Second Circuit Vacates Ruling on WARN Act Notice Claims Proskauer Rose LLP
May
7
2019
Second Circuit Vacates SDNY Order Enforcing Arbitration Award Against Reinsurer Carlton Fields
Sep
13
2010
Second Circuit Weighs in on Obesity as a Disability - New York State Human Rights Law (NYCHRL) Issues Remanded Vedder Price
Apr
16
2019
Second Circuit Weighs in on Tax Court’s Refund Jurisdiction McDermott Will & Emery
Nov
14
2017
Second Circuit Will Not Revisit Opinion Barring Testimony Compelled by Foreign Sovereigns Faegre Drinker
Apr
10
2012
Second Circuit YouTube Ruling Will Have Major Impact for Online-Piracy Debate Ifrah Law
Oct
29
2015
Second Circuit “Likes” NLRB Decision on Facebook Activity Squire Patton Boggs (US) LLP
Nov
6
2015
Second Circuit “Likes” Where NLRB Shakes Out on Social Media: Finds that Facebook “Likes” and Obscenity-Riddled Posts Were Protected by NLRA Mintz
Oct
31
2011
Second Circuit's Citigroup Decision Endorses Presumption of Prudence, Upholds Dismissal of Disclosure Claims Morgan, Lewis & Bockius LLP
Mar
26
2018
Second Circuit, on Truncated Record, Holds Dispute Implicating Core Bankruptcy Proceeding Non-Arbitrable Ballard Spahr LLP
Sep
20
2018
Second Circuit, Relying on SCOTUS Instruction, Rejects “Narrow Construction” Principle for FLSA Exemptions Proskauer Rose LLP
Sep
10
2015
Second Circuit: $350/Hour Sufficient Fee For Plaintiffs’ Counsel in FLSA Cases Jackson Lewis P.C.
Jun
11
2019
Second Circuit: ADA Allows Hostile Work Environment Claims Jackson Lewis P.C.
May
31
2019
Second Circuit: Application of Neutral Policy Does Not Interfere with FMLA Rights Jackson Lewis P.C.
Dec
29
2014
Second Circuit: Class-Wide Reformation Is Appropriate Equitable Relief Proskauer Rose LLP
Sep
10
2015
Second Circuit: Dodd-Frank Protects Internal Whistleblowers Proskauer Rose LLP
Mar
26
2010
Second Circuit: Employer May Not Defeat Harassment Claim By Arguing That Employee Did Not Take Advantage Of All Internal Complaint Options Sills Cummis & Gross P.C.
Aug
20
2015
Second Circuit: FAA Mandates Stay of Claims Pending Arbitration Proskauer Rose LLP
Apr
1
2014
Second Circuit: Five Factors Still Relevant to Employee Retirement Income Security Act (ERISA) Attorney Fee Awards Proskauer Rose LLP
May
5
2016
Second Circuit: Intent to Harm Is Not Required for Criminal Conviction Under Investment Advisers Act Proskauer Rose LLP
Mar
7
2021
Second Circuit: Investment Advisor Not Covered by Plaintiff’s Employment Arbitration Agreement Jackson Lewis P.C.
Feb
19
2020
Second Circuit: Migraines Insufficient to Support a Disability Under the ADA Jackson Lewis P.C.
Aug
17
2015
Second Circuit: MLB “Fanfest” Properly Treated as Exempt Recreational Establishment Jackson Lewis P.C.
Jan
30
2019
Second Circuit: No First Sale Doctrine for Reproduced Digital Files McDermott Will & Emery
Apr
4
2024
Second Circuit: No-Damages-For-Delay Clause Bars Claim Bradley Arant Boult Cummings LLP
Dec
9
2019
Second Circuit: Offers of Judgment on FLSA Claims Do Not Require Cheeks Review Proskauer Rose LLP
Feb
27
2018
Second Circuit: Sexual Orientation Discrimination Covered by Title VII Jackson Lewis P.C.
Sep
13
2022
Second Circuit: SOX Whistleblower Claims Require Retaliatory Intent Proskauer Rose LLP
Sep
2
2021
Second Circuit: Supreme Court Google Precedent Doesn’t Alter Copyright Law’s Fair Use Analysis McDermott Will & Emery
Dec
10
2013
Second Circuit: Telephone Consumer Protection Act (TCPA) Class Actions Can Proceed in New York Federal Courts Faegre Drinker
Feb
28
2018
Second Circuit: Title VII Covers Sexual Orientation Discrimination Dinsmore & Shohl LLP
Aug
12
2021
Second Circuit: Warhol’s “Prince Series” Derivative, Not Transformative Finnegan
Mar
18
2024
Second Circuit: Whistleblower Must Adequately Allege Willfulness to Assert FCA Claims Based on AKS Violations ArentFox Schiff LLP
 

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