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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Apr
30
2013
Appropriate Appropriation: Second Circuit Holds That Commentary on Original Work Unnecessary for Fair Use Defense, Only Transformative Quality Required Sheppard, Mullin, Richter & Hampton LLP
Aug
14
2013
Second Circuit Holds That The Fair Labor Standards Act Does Not Bar The Enforcement of Class Action Waivers Sheppard, Mullin, Richter & Hampton LLP
Jul
7
2014
Call Me Maybe?: The New TCPA Position Announced by The Federal Communications Commission in Nigro v. Mercantile Adjustment Bureau Sheppard, Mullin, Richter & Hampton LLP
Oct
8
2015
Second Circuit Finds EEOC Investigation Not Subject to Review Sheppard, Mullin, Richter & Hampton LLP
Jul
19
2016
Will Madden v Midland Disrupt Loan Sales and Platform Lending? Sheppard, Mullin, Richter & Hampton LLP
Jul
11
2017
Second Circuit Rejects First Circuit’s “Extreme Departure” Test for Assessing Materiality of an Alleged Omission of Interim Financial Information From Registration Statement Sheppard, Mullin, Richter & Hampton LLP
Nov
3
2017
Court Grants Conditional Certification of FLSA Collective and Comments on Permissibility of Certain Communications Between Defense Counsel, Employers and Putative Class/Collective Members Sheppard, Mullin, Richter & Hampton LLP
Sep
12
2018
Seeking to Allege General Jurisdiction in New York? Corporate Registration is Not Enough Sheppard, Mullin, Richter & Hampton LLP
Apr
4
2020
Second Circuit Holds that Registering to do Business in New York Under Section 1301 of the Business Corporation Law Does Not Constitute Consent to General Personal Jurisdiction in New York Courts Sheppard, Mullin, Richter & Hampton LLP
Aug
12
2020
New York Federal Court Vacates Several Portions of DOL Regulations Regarding FFCRA Leave Sheppard, Mullin, Richter & Hampton LLP
Nov
17
2023
Ninth Circuit Provides Guidance on SEC Rule 16b-3 Short-Swing Profit Liability Exemption Sheppard, Mullin, Richter & Hampton LLP
Feb
26
2010
The Southern District Of New York Sends A Clear Message To Retailers Selling Counterfeits That Failing To Exercise Due Diligence In Purchasing Products After An Injunction May Result In Trebled Damages Of Millions Of Dollars Sheppard, Mullin, Richter & Hampton LLP
Jul
16
2010
Gucci's Attempt to Extend Trademark Infringement Liability to Credit Card Merchant Service Providers Survives Motion to Dismiss Sheppard, Mullin, Richter & Hampton LLP
Feb
19
2013
Second Circuit Affirms Dismissal of Securities Fraud Claims Relating to Allegedly Misleading Press Release Sheppard, Mullin, Richter & Hampton LLP
Mar
13
2013
Second Circuit Rules That Putative Auction Rate Securities Class Action Complaints Failed to Adequately Plead Antitrust Conspiracy Sheppard, Mullin, Richter & Hampton LLP
Jun
6
2013
Second Circuit Overturns Class Certification Order in Assistant Branch Manager Overtime Case Sheppard, Mullin, Richter & Hampton LLP
Feb
19
2014
Comity and Commonality: A Tale of Two Identical Class Actions Brought By Forum-Shopping Plaintiffs’ Counsel Sheppard, Mullin, Richter & Hampton LLP
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
Dec
11
2014
Second Circuit Limits “Tippee” Insider Trading Liability Sheppard, Mullin, Richter & Hampton LLP
Feb
2
2015
New York Court Finds That Plaintiff Who Never Worked a Day For Company Is Not Entitled To A $350,000 Performance Bonus Sheppard, Mullin, Richter & Hampton LLP
Jul
12
2017
You Can’t Always Get What You Want—Second Circuit Affirms Parties Can Bargain Away TCPA Right To Revoke Consent To Automated Calls Sheppard, Mullin, Richter & Hampton LLP
Nov
21
2017
Second Circuit Affirms Class Certification Holding that Direct Evidence of Price Impact is Not Always Necessary to Demonstrate Market Efficiency Sheppard, Mullin, Richter & Hampton LLP
Jul
10
2019
Southern District of New York Invalidates State Ban on Mandatory Arbitration of Harassment and Discrimination Sheppard, Mullin, Richter & Hampton LLP
Mar
27
2015
Placing Medicare Beneficiaries Into "Observation Status" Recent Second Circuit Decision Casts Doubt on Lawfulness of CMS Procedures Poyner Spruill LLP
Nov
27
2009
New York’s International Banks Obtain Relief as Second Circuit Restricts Ability of Creditors to Use Maritime Rule B to Attach Electronic Fund Transfers Bingham McCutchen LLP
Sep
7
2010
In-House Counsel Must Maintain Active Bar Membership to Preserve Attorney Client Privilege Michael Best & Friedrich LLP
Sep
9
2010
Second Circuit Finds Personal Jurisdiction Over California Vendor Based on the Shipment of a Single Product Bearing Counterfeit Mark to Brand Owner’s Attorneys in New York Michael Best & Friedrich LLP
Mar
16
2015
Brazil mailbox litigation update: First case to be heard by the Federal Court of Appeals on March 24, 2015 Michael Best & Friedrich LLP
Apr
2
2011
New York Federal District Court Addresses the Pleading Standard and Constitutionality of False Patent Marking Claims Under 35 U.S.C. § 292 Michael Best & Friedrich LLP
Jun
28
2013
No Free Lunch: Navigating the Legal World of Unpaid Internships Michael Best & Friedrich LLP
Oct
11
2010
The Seventh Circuit Finds Personal Jurisdiction Over Out-of-State Internet Company Michael Best & Friedrich LLP
Jun
30
2017
Second Circuit Limits Withdraw of Consent in Contracts Under TCPA Michael Best & Friedrich LLP
Oct
2
2012
Federal CAFO Regulations Remove “Propose to Discharge” Permitting Requirement Michael Best & Friedrich LLP
Feb
21
2020
Second Circuit Holds Federal Banks Are Government Entities For FCA Purposes, Revives Qui Tam Suit Against Wells Fargo Dinsmore & Shohl LLP
Aug
9
2012
The Second Circuit Interprets the Securities Exception to CAFA Jurisdiction and Remands a Case to State court Dinsmore & Shohl LLP
 

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