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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Oct
16
2014
SDNY Dismisses Extraterritorial SOX and Dodd-Frank Whistleblower Claims Proskauer Rose LLP
Apr
23
2015
Second Circuit Expands The Scope Of FLSA Protected Activity To Include Oral Complaints To Employer Proskauer Rose LLP
Apr
22
2016
Second Circuit To Determine Whether Artful Pleading Can Extend FCPA Jurisdiction Proskauer Rose LLP
Jun
30
2016
New York District Court Dismisses SOX and Dodd-Frank Whistleblower Claims For Lack Of Protected Activity Proskauer Rose LLP
Aug
31
2016
Second Circuit Seeks Guidance From NY Court of Appeals on Scope of Liability for Discrimination Based on Criminal Conviction History Proskauer Rose LLP
Dec
20
2017
Three Point Shot December 2017: Showdown over Mayweather – McGregor Streaming Glitches Knocked out of District Court, "Nuttin' for Christmas" for Fitness Wear Company after Losing Appeal, Not in My House: Federal Court Rejects Trademark Infringement Claim Proskauer Rose LLP
Jan
18
2018
Justice (and Lunch) is Served: Second Circuit Holds that Food Truck Branded with Ethnic Slurs is Entitled to First Amendment Protection Proskauer Rose LLP
Mar
6
2019
Second Circuit Rejects Securities Claims Based on Generic Statements About Ethics and Compliance Proskauer Rose LLP
Aug
4
2021
More Than Puffery: Claims Against Canada Goose Survive Motion to Dismiss Proskauer Rose LLP
Nov
7
2023
That’s a “Wrap”: Second Circuit Upholds Click-Wrap Mandatory Arbitration Provision Proskauer Rose LLP
Nov
30
2023
Second Circuit Establishes Practical Pleading Requirement for Prohibited Transaction Claims Under ERISA Section 406(a)(1)(C) Proskauer Rose LLP
Mar
16
2014
Employers To Face More Concurrent Equal Employment Opportunity Commission (EEOC) and Tort Suits after Second Circuit Decision Proskauer Rose LLP
May
21
2014
Despite Windsor, Federal Court Rejects Challenge to a Self-Insured ERISA Health Plan’s Denial of Coverage for Same-Sex Spouses Proskauer Rose LLP
Aug
13
2014
High Stakes False Claims Act Suit Dismissed by New York Federal Court Proskauer Rose LLP
Nov
21
2014
Firms Have Roadmap for Expanding Litigation of Customer Disputes After Second Circuit Holds Forum Selection Clauses Trump FINRA’s Mandatory Arbitration Rule Proskauer Rose LLP
Dec
15
2014
Second Circuit Affirms Dismissal of Madoff Trustee’s Six-Year Transfer and Preference Claims Proskauer Rose LLP
Jan
12
2015
New York District Court Defines Surcharge Broadly Proskauer Rose LLP
Mar
23
2015
SEC’s Limit on Retroactivity of Dodd-Frank Whistleblower Bounty Awards Is Reasonable, Second Circuit Holds Proskauer Rose LLP
Apr
26
2015
Second Circuit to Weigh In on Copyright Owner-Digital Broadcaster Dispute Over Pre-1972 Sound Recording Performance Rights Proskauer Rose LLP
Aug
13
2015
New York District Court Preliminarily Enjoins SEC Administrative Proceeding Proskauer Rose LLP
Mar
11
2016
Second Circuit Reinforces Liability Standard in Securities Cases Based on Statements of Opinion Proskauer Rose LLP
Dec
15
2016
Update on Second Circuit Ruling in Church & Dwight v. SPD Swiss Precision Diagnostics “Weeks Estimator” Home Pregnancy Test Litigation Proskauer Rose LLP
Sep
7
2017
California Defendants Beware: Failing to Compel Arbitration Against Named Plaintiff Could Have Far-Reaching Consequences Proskauer Rose LLP
Feb
20
2018
Electronic Return Receipt Patent Dispute Dubbed “Exceptional Case” After Summary Judgment Award Proskauer Rose LLP
Sep
20
2018
Second Circuit, Relying on SCOTUS Instruction, Rejects “Narrow Construction” Principle for FLSA Exemptions Proskauer Rose LLP
Jan
28
2019
Fair Use in Flux: Second Circuit TVEyes Ruling May Have a Lasting Effect on Fair Use Analysis Proskauer Rose LLP
May
20
2019
Suit Over Use of American Heart Association Certification Mark Maintains a Pulse Proskauer Rose LLP
Jan
26
2021
Second Circuit Reaffirms that Federal Securities Laws Do Not Apply to Predominantly Foreign Transactions Proskauer Rose LLP
Aug
17
2021
Retail Marketers’ Antitrust Settlement Raises the Question: When Are Exclusive “Staggered” Contracts Anticompetitive? Proskauer Rose LLP
Jul
15
2022
The Other Side of The Coin: Cryptocurrency Assets in Bankruptcy Proskauer Rose LLP
Sep
9
2022
Second Circuit Decision Illustrates Importance of Following Claims Procedures, And Drastic Consequences of Procedural Misstep Proskauer Rose LLP
Sep
19
2023
Second Circuit Affirms Bankruptcy Courts’ Inherent Authority to Impose Civil Contempt Sanctions Proskauer Rose LLP
Mar
14
2024
Broadway Actor’s Race Discrimination Claims Sent Back to the Underworld in the Face of Producer’s First Amendment Rights Proskauer Rose LLP
Apr
19
2024
Second Circuit Ruling Could “Impact” Discrimination Claims Brought by Remote Workers under NYS Human Rights Law Proskauer Rose LLP
Nov
21
2014
Second Circuit Extends Scope of Federal Jurisdiction In Litigation Arising From The Facebook IPO Proskauer Rose LLP
 

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