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
15
2014
New York District Court Denies Summary Judgment in Broadcast Rights Class Action McDermott Will & Emery
Aug
15
2014
Michael Kors, Costco settle “Bait and Switch” Mother’s Day Ad Dispute; Raises Question of Best Brand Policing Strategy Covington & Burling LLP
Aug
13
2014
High Stakes False Claims Act Suit Dismissed by New York Federal Court Proskauer Rose LLP
Aug
13
2014
Second Circuit Strays From “Definitively and Specifically” Standard But Still Dismisses SOX Claim Proskauer Rose LLP
Aug
13
2014
Brooklyn Federal Court Finds Local Establishment Not Covered by FLSA Jackson Lewis P.C.
Aug
12
2014
A Lesson on the ADA: Engaging in Good Faith in the Interactive Process is Essential Mintz
Aug
8
2014
Microsoft Loses Round in Fight Over Email Held in Irish Data Center Mintz
Aug
7
2014
Judge Rakoff of Southern District of New York Continues to Question Adequacy of Judicial Oversight of SEC Barnes & Thornburg LLP
Aug
7
2014
Department of Justice (DOJ) Intervenes In Case Involving ACA’s 60-Day Overpayment Rule McBrayer, McGinnis, Leslie and Kirkland, PLLC
Aug
6
2014
Pleading a Non-Compete Claim: Sometimes the Bare Minimum Is Just Enough Mintz
Aug
5
2014
Per Second Circuit; Full Text Searchable Database Is Fair Use: Authors Guild, Inc., et al. v. HathiTrust, et al. McDermott Will & Emery
Aug
5
2014
More California Arrests for Alleged New York Insurance Fraud Faegre Drinker
Aug
4
2014
Second Circuit Holds that “Deliberate Deception” Creates Legal Presumption of Consumer Confusion and Injury in a Two-Player Market: What a Tangled Web We Weave, When First We Practice to Deceive Proskauer Rose LLP
Aug
4
2014
Southern District of New York Magistrate Judge Clarifies FLSA “Computer Professional” Exemption Sheppard, Mullin, Richter & Hampton LLP
Aug
4
2014
New York Federal Court Limits Scope of SEC Disgorgement In Case Involving Failure to Disclose Beneficial Interests Mintz
Aug
1
2014
Convictions of Life Insurance Producers for Mail and Wire Fraud Result in Lengthy Sentences and Millions in Restitution Faegre Drinker
Jul
31
2014
Second Circuit Finds that Entry-Level Audit Associates at Accounting Firm are Exempt from Federal Overtime Requirements Sheppard, Mullin, Richter & Hampton LLP
Jul
30
2014
Second Circuit Finds Audit Associates Are Exempt Professionals Jackson Lewis P.C.
Jul
25
2014
SEC Settles Third-Party Insider Trading Claim Against New York Investor Relations Executive Katten
Jul
25
2014
Can a For-profit Institution of Higher Education Take Advantage of Chapter 11? Greenberg Traurig, LLP
Jul
17
2014
Second Circuit Finds Possible Pretext in Vague Justification for Non-Transfer Sheppard, Mullin, Richter & Hampton LLP
Jul
16
2014
Plan Sponsors' Decision to Change Form of Employer Contributions Not A Fiduciary Function Proskauer Rose LLP
Jul
12
2014
Supreme Court Decision in Riley Affects Cellphone Searches in Civil Litigation, Employment Matters Jackson Lewis P.C.
Jul
11
2014
New York District Court Lets Plaintiff Revive Mooted Claims In Second Action Against Same Defendants Faegre Drinker
Jul
11
2014
American Exceptionalism and Extraterritorial Application of Bankruptcy Law Greenberg Traurig, 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
Jul
7
2014
Second Circuit Overturns District Court’s Rejection of SEC-Citigroup Fraud Settlement Sheppard, Mullin, Richter & Hampton LLP
Jun
30
2014
Architectural Copyrights Should Be Treated No Differently than Other Copyrights: Zalewski v. Cicero Builder Dev., Inc. McDermott Will & Emery
Jun
26
2014
Suit Challenging Cable Bundling Survives Motion to Dismiss Womble Bond Dickinson (US) LLP
Jun
23
2014
NY District Court Confirms “Neither Admit Nor Deny” Settlements Applying Citigroup Factors Faegre Drinker
Jun
20
2014
Second Circuit Upholds Volunteer Finding Vis a Vis Former Student Turned School Aid Jackson Lewis P.C.
Jun
20
2014
Second Circuit Court of Appeals Addresses Fair Labor Standards Act (FLSA)’s Public Agency Volunteer Exception, But Withholds Comment on Private Sector Volunteers Mintz
Jun
13
2014
Trading Evidence Barred From Rengan Rajaratnam Trial Re: Insider Trading Katten
Jun
13
2014
Investment Adviser Accused of $8.8 Million Fraud by Securities and Exchange Commission (SEC) Katten
Jun
12
2014
Second Circuit Affirms the Broad Nature of the Duty to Defend Under Commercial General Liability Insurance Policies Barnes & Thornburg LLP
Jun
11
2014
Dangers of Misclassifying an Employee as an Independent Contractor Highlighted Once Again in New York Appellate Court Decision Mintz
Jun
6
2014
Influential Bankruptcy Court Awards Oversecured Creditor Postpetition Interest at the Default Rate, Even Where the Debtor Is Insolvent Vedder Price
Jun
6
2014
Second Circuit’s Citigroup Decision Protects SEC’s Discretion in Settling Enforcement Cases Mintz
Jun
6
2014
Second Circuit Vacates Judge Rakoff’s Order Refusing to Approve Citigroup “Neither Admit Nor Deny” Settlement Faegre Drinker
Jun
6
2014
Insurance Agent's Antitrust Claims Against Former Employer Dismissed Dickinson Wright PLLC
Jun
4
2014
Second Circuit Says District Court Erred In Blocking SEC/Citigroup Settlement Bracewell LLP
Jun
3
2014
Copyright Statute of Limitation Trigged on Actual or Constructive Notice McDermott Will & Emery
Jun
3
2014
Buying Standing? Buyer Beware. Re: Doctrine of Standing Sherin and Lodgen LLP
May
30
2014
Second Circuit Holds Mandatory Broker Dealer Arbitration Not Available to Non-Customer Katten
May
30
2014
Finally Some Relief to Providers - CMS Ordered to No Longer Apply a Common Rule of Thumb When Auditing McBrayer, McGinnis, Leslie and Kirkland, PLLC
May
27
2014
Southern District of New York (S.D.N.Y.) Takes Broad Approach To SOX (Sarbanes Oxley) and Dodd-Frank Whistleblower Claims Proskauer Rose LLP
May
27
2014
Second Circuit Dismisses $50 Million False Claims Act (FCA) Suit Proskauer Rose LLP
May
23
2014
New York Federal Court Rejects Preemption and Primary Jurisdiction Arguments in “All Natural” Case Greenberg Traurig, LLP
May
23
2014
Second Circuit Clarifies the Limits on The Extraterritorial Application of U.S. Securities Laws Bracewell LLP
May
23
2014
Eastern District of New York Senior Judge Deems Fair Labor Standards Act (FLSA) Allegations Of Overtime, Contractor Misclassification Inadequately Pled Jackson Lewis P.C.
 

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