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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Feb
11
2014
Denying Motion for Conditional Certification, NY District Court Says FLSA (Fair Labor Standards Act) Notice and Opt-In Process Is Not A Discovery Device Jackson Lewis P.C.
Feb
10
2014
Lyondell: Is the Safe Harbor Closed to Former Shareholders of LBOs (Leveraged Buyout)? Mintz
Feb
9
2014
DOJ Wins Big Insider Trading Case: Martoma Conviction; Bad News for Cohen and SAC -Department of Justice Barnes & Thornburg LLP
Feb
9
2014
Martoma Securities Fraud Case by the Numbers Mintz
Feb
7
2014
US District Court for the Southern District of New York Grants SEC’s Final Summary Judgment Claim in Securities and Investment Advisor Fraud Case Katten
Feb
4
2014
Second Circuit Holds Delaware Fiduciary Duty Law Preempted By Federal Interest In Fiscal Stability Sheppard, Mullin, Richter & Hampton LLP
Feb
4
2014
Second Circuit Affirms Dismissal of Short-Swing Profit Claim Against Goldman Sachs Arising from Six-Month Call Options Sheppard, Mullin, Richter & Hampton LLP
Feb
4
2014
Second Circuit Holds that Federal Common Law Prohibits Trading By Insiders of a Cayman Islands Corporation While In Possession of Material Nonpublic Information Sheppard, Mullin, Richter & Hampton LLP
Feb
1
2014
Second Circuit Upholds Insider Trading Claim for Unregistered Securities Katten
Jan
17
2014
Doctor’s Request for Family Medical History Leads to Employer Settling “Systemic” GINA (Genetic Information Nondiscrimination Act) Claim Jackson Lewis P.C.
Jan
16
2014
New York Court Blocks Threatened Union Strike Over Sale of Food Distributor to Non-Union Buyer Jackson Lewis P.C.
Jan
12
2014
Second Circuit Adds Eligibility Requirement for Chapter 15 Cases - Debtor Residency Requirement Greenberg Traurig, LLP
Dec
30
2013
Federal Court Prohibits Union From Striking To Prevent Sale Of Business To Non-Union Employer Barnes & Thornburg LLP
Dec
25
2013
Déjà Vu All Over Again: Insurers Argue That Below-Limits Settlements With Underlying Insurers Negate Excess Coverage Gilbert LLP
Dec
19
2013
New York Federal Court Upholds Payment of Overtime Pursuant to Fluctuating Workweek Method Notwithstanding Bonus Pay Jackson Lewis P.C.
Dec
18
2013
Sarah Palin and North Jersey Media Group Battle Over “Fair Use” of Famous 9/11 Photo Mintz
Dec
18
2013
Second Circuit Grants Worker Adjustment Retraining and Notification Act (WARN) Plaintiffs New Life On “Single Employer” Theory Jackson Lewis P.C.
Dec
16
2013
Supreme Court Takes Case About Company Stock Funds and Presumption of Prudence McDermott Will & Emery
Dec
16
2013
Telephone Consumer Protection Act (TCPA) Class Actions Coming To New York Sheppard, Mullin, Richter & Hampton LLP
Dec
15
2013
Male Successor’s Alleged Greater Ability to Negotiate over Salary Not a Defense to Equal Pay Act Claim Jackson Lewis P.C.
Dec
13
2013
US District Court in the Southern District of New York (SDNY) Holds No Attorney-Client Privilege Applies to Communications With In-House Legal Department in China Katten
Dec
13
2013
Clouds on the Horizon for Claim Purchasers in the Third Circuit Katten
Dec
12
2013
Paging Mr. Charbucks… Re: Trademark Infringement Dickinson Wright PLLC
Dec
11
2013
Second Circuit To Issue Important Guidance On Legal Standards Applicable To Unpaid Interns Jackson Lewis P.C.
Dec
11
2013
Section 1110 Implications of Second Circuit AMR Make-Whole Ruling Vedder Price
Dec
10
2013
Second Circuit: Telephone Consumer Protection Act (TCPA) Class Actions Can Proceed in New York Federal Courts Faegre Drinker
Dec
9
2013
Willful Infringement of Copyright in Haitian Earthquake Photographs Cost AFP (Agence France-Presse) and Getty $1.2 Million Mintz
Dec
6
2013
Caveat Emptor: Bankruptcy Claims Buyers Beware as Third Circuit Affirms KB Toys Hunton Andrews Kurth
Dec
6
2013
Gruss v. Zwirn: Southern District of New York (SDNY) Strikes a Blow Against Selective Waiver Katten
Dec
5
2013
New York’s Article 9 Non-Uniformity Re: Bankruptcy and Restructuring Greenberg Traurig, LLP
Dec
5
2013
Qui Tam Update: Recent Developments & Unsealed Cases November 2013 Mintz
Dec
4
2013
Federal Court Judge Reverses Prior Opinion, Finds Insurance Adjusters Exempt Jackson Lewis P.C.
Dec
3
2013
New York Federal District Court Endorses Use of Fluctuating Workweek Overtime Payment Method Where Employer Pays Performance-Based Bonuses to Non-Exempt Salaried Employees Mintz
Nov
30
2013
“Discouraging” Family and Medical Leave Act (FMLA) Leave Claim Survives Motion to Dismiss Jackson Lewis P.C.
Nov
28
2013
New York Federal Court Does and Doesn’t Address Contours of Employer Liability under the Federal and New York State WARN (Worker Adjustment and Retraining Notification) Acts Mintz
Nov
28
2013
2nd Circuit to Decide Unpaid Interns’ Class Status Barnes & Thornburg LLP
Nov
27
2013
Passive Leads Not Protected – New York Federal Court Rejects Enforcement of Non-Compete Mintz
Nov
25
2013
Creating a “Maternity Projection Chart” Probably Isn’t A Good Idea Barnes & Thornburg LLP
Nov
19
2013
Copyright Owners: Keep Your Eye on the Road Bracewell LLP
Nov
17
2013
Dodd-Frank Whistleblower Protection: For America Only Sheppard, Mullin, Richter & Hampton LLP
Nov
15
2013
Second Circuit Says Injured Investors Lack Standing to Challenge Release of Fair Funds to US Treasury Katten
Nov
13
2013
Second Circuit Affirms Dismissal of Antitrust Case Against Insurance Services Office Dickinson Wright PLLC
Nov
11
2013
House Mark Distinguishes Secondary Mark Re: Fashion Branding Katten
Nov
7
2013
Hedge Funds Plead Guilty to Insider Trading with Historic Penalty and Five-Year Probation McDermott Will & Emery
Nov
3
2013
Second Circuit Affirms Dismissal of Qui Tam Case Based on Attorney’s Use of Confidential Information Katten
Oct
31
2013
More Confusion About Who Owns the Tax Refund Attributable to a Distressed Bank Bracewell LLP
Oct
29
2013
Class Action Waivers Enforced in Two Recent Second Circuit Decisions Mintz
Oct
25
2013
Second Circuit Applies Morrison to Criminal Prosecution Under Section 10(b) and Rule 10b-5 Sheppard, Mullin, Richter & Hampton LLP
Oct
22
2013
Second Circuit Issues Opinion Addressing “Remedial” vs “Removal” Actions Under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) ArentFox Schiff LLP
Oct
22
2013
Second Circuit Court of Appeals Will Address Comcast’s Impact on Wage and Hour Class Action Lawsuits Mintz
 

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