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
9
2014
Raj Rajaratnam Appeals $92 Million Civil Fine to Second Circuit Court of Appeals Katten
Nov
7
2014
Joining Second Circuit, First Circuit Rejects Highly Compensated Workers’ Challenge to Salary Basis Test Jackson Lewis P.C.
Oct
31
2014
Where Did My Customer Go? Some Pleading Parameters for Tortious Interference Mintz
Oct
28
2014
Tempting the Legal Finger of Fate: No Winners Here in New York re: Disorderly Conduct Varnum LLP
Oct
28
2014
Collective Bargaining Agreements and Disruptive Activity: I’m a Rat, But I’m Just Chillin’ Barnes & Thornburg LLP
Oct
22
2014
Employer Permitted to Use “After-Acquired” Evidence at Discrimination Trial Sheppard, Mullin, Richter & Hampton LLP
Oct
22
2014
Second Circuit Allows After-Acquired Evidence to Support Termination Decision Proskauer Rose LLP
Oct
22
2014
Second Circuit Finds No Consent in TCPA (Telephone Consumer Protection Act) Appeal Jackson Lewis P.C.
Oct
21
2014
New York ZocDoc Treats Doctor With Some Rule 68 Medicine Faegre Drinker
Oct
17
2014
Second Circuit Finds Entry-Level Accountants Exempt From FLSA Overtime Faegre Drinker
Oct
16
2014
SDNY Dismisses Extraterritorial SOX and Dodd-Frank Whistleblower Claims Proskauer Rose LLP
Oct
14
2014
Mergers & Acquisitions: A Personal Interest in Compliance McDermott Will & Emery
Oct
14
2014
Second Circuit Reviews Record, Finds Question of Fact as to Discretion and Independent Judgment Exercised by Adjusters Jackson Lewis P.C.
Oct
10
2014
District Court Dismisses Securities Class Action for Failure to Show Causal Connection Katten
Oct
10
2014
Federal Court Finds New York City Not Required To Compensate Employees For Time Spent In Alcohol Rehabilitation Jackson Lewis P.C.
Oct
8
2014
Brooklyn Federal Court Rejects Allegation That Not-For-Profit Board President Was An Employer Jackson Lewis P.C.
Oct
8
2014
A Court’s Review of a Disability Benefit Claim May Hinge on the Meaning “Satisfactory to Us” Proskauer Rose LLP
Sep
30
2014
Second Circuit To Decide Retroactivity of Dodd-Frank Bounty Provision Proskauer Rose LLP
Sep
30
2014
SEC Announces Highest Whistleblower Award to Date Faegre Drinker
Sep
29
2014
Keep Your Eyes on the Clock! Second and Tenth Circuits Nix Bankrupt Company's Contribution Claims for Environmental Cleanup Costs Vedder Price
Sep
26
2014
U.S. Supreme Court’s Rejection of Moench Presumption: Fifth Third Bancorp. vs. Dudenhoeffer Jackson Lewis P.C.
Sep
25
2014
Make Whole Premiums and Unmatured Interest re: Prepayment Penalties Greenberg Traurig, LLP
Sep
24
2014
Employment Law Summer Recap 2014: Part 8 of 11 – New York’s Coldest Summer, Especially for Employers Who Utilized Unpaid Interns Mintz
Sep
23
2014
Dodd-Frank Whistleblower Activity Getting Even Hotter Barnes & Thornburg LLP
Sep
22
2014
Second Circuit Holds Forum Selection Clause Supersedes FINRA’s Mandatory Arbitration Rule Sheppard, Mullin, Richter & Hampton LLP
Sep
19
2014
Second Circuit Defines “Customer” Under FINRA Barnes & Thornburg LLP
Sep
19
2014
So, You’ve Won Your Case and Recovered a Judgment in Federal Court. Now, How Do You Collect? Barnes & Thornburg LLP
Sep
18
2014
Manhattan Federal Court Finds Contract Attorney “Practiced Law,” Exempt From Overtime Jackson Lewis P.C.
Sep
17
2014
Second Circuit Examines Collateral Source Rule in CERCLA Cost Recovery and Contribution Case Greenberg Traurig, LLP
Sep
17
2014
What's in your Reduction in Force (RIF)? re: Low Performing Employees Barnes & Thornburg LLP
Sep
15
2014
Another Court Rules That Availability of Make-Whole Premiums in Bankruptcy Depends on Governing Documents Mintz
Sep
15
2014
A Bankruptcy Court Lacks Subject Matter Jurisdiction to Determine Tax Refund Claim Requested by Post-Confirmation Liquidating Trustee Greenberg Traurig, LLP
Sep
10
2014
Brooklyn Federal Court Judge Reiterates and Expands on Prior Opinion Regarding Plaintiff’s Attorneys’ Fees Jackson Lewis P.C.
Sep
10
2014
Kickback-Tainted Medicare/Medicaid Claims for Reimbursement Actionable Under FCA, New York Federal Judge Holds Tycko & Zavareei LLP
Sep
8
2014
Second Circuit Affirms No Extraterritorial Application For Dodd-Frank Anti-Retaliation Provision Proskauer Rose LLP
Sep
8
2014
New York Federal Judge Denies Motion to Reconsider Fair and Accurate Credit Transactions Act (FACTA) Lawsuit Dismissal Covington & Burling LLP
Sep
6
2014
New Balance Goes Toe-to-Toe with Karl Lagerfeld Proskauer Rose LLP
Sep
4
2014
Second Circuit Defines “Customer” for Mandatory FINRA Arbitration Sheppard, Mullin, Richter & Hampton LLP
Sep
4
2014
Second Circuit Decision Provides Guidance for Drafting Enforceable Broker-Dealer Agreement Forum Selection Clause Katten
Sep
2
2014
Mortgage Loans: Deutsche Bank v. Quicken Loans Bilzin Sumberg
Sep
2
2014
Two-Party Market: Presumption of Confusion and Injury McDermott Will & Emery
Sep
2
2014
Res judicata Does Not Bar Claims Arising After Prior Litigation, Even One Based on Similar Conduct McDermott Will & Emery
Aug
29
2014
Pharmacies Avoid False Claims Act Suit: Fox Rx Inc. v. Omnicare Inc. et al. Covington & Burling LLP
Aug
28
2014
Third Circuit Joins Second Circuit In Rejecting Vague Pleadings of FLSA Violations Jackson Lewis P.C.
Aug
25
2014
Made for the U.S.A Only: Second Circuit Holds That the Dodd-Frank Act’s Antiretaliation Provision Applies Only Domestically Faegre Drinker
Aug
25
2014
Southern District of New York Judge Orders Microsoft to Produce Emails Stored Abroad Bracewell LLP
Aug
22
2014
Parkcentral v. Porsche: Second Circuit Opens the Doors of Morrison, and Declines to Apply Section 10(b) to Domestic Securities-Based Swap Transactions Katten
Aug
21
2014
Second Circuit Clarifies the Use of Legal Presumptions of Consumer Confusion and Injury in Certain Lanham Act Cases Sheppard, Mullin, Richter & Hampton LLP
Aug
20
2014
Second Circuit Upholds Dismissal in UBS Securities Case Vedder Price
Aug
20
2014
Securities Fraud: Profits Do Not Always Equal Disgorgement Faegre Drinker
 

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