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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May
29
2009
Second Circuit Recognizes Title VII Association Claim
Jun
2
2009
Hydrogen Peroxide: The Third Circuit’s “Acid Test” For Class Certification
Sep
16
2010
Proving Causation in a Retaliation Claim in the Second Circuit Sills Cummis & Gross P.C.
Mar
26
2010
Second Circuit: Employer May Not Defeat Harassment Claim By Arguing That Employee Did Not Take Advantage Of All Internal Complaint Options Sills Cummis & Gross P.C.
May
29
2009
New York Resolves Uncertainty Over Whistleblower Waiver And Scope Issues Sills Cummis & Gross P.C.
May
29
2009
Supreme Court Decides Exhaustion and Evidence Cases Sills Cummis & Gross P.C.
Apr
19
2024
Supreme Court Keeps Focus of Arbitration Exemption on Workers’ Responsibilities Sills Cummis & Gross P.C.
May
22
2010
The Faragher-Ellerth Defense: Inapplicable to Harassment and Retaliation Claims under the New York City Human Rights Law Sills Cummis & Gross P.C.
Mar
4
2020
Federal Preemption in the Wake of Albrecht: The U.S. Supreme Court Unexpectedly Levels the Playing Field Sills Cummis & Gross P.C.
May
31
2017
Second Circuit Decisions on Current Issues Sills Cummis & Gross P.C.
Dec
9
2010
Restrictive Covenants: There is No Substitute for Careful Drafting Sills Cummis & Gross P.C.
Jul
22
2011
Second Circuit Holds That the Private Securities Litigation Reform Act of 1995 Bars All RICO Claims Based Upon Alleged Acts of Securities Fraud Sheppard, Mullin, Richter & Hampton LLP
Jul
11
2013
New York State Court of Appeals Backs Starbucks Policy on Tip-Pooling Sheppard, Mullin, Richter & Hampton LLP
Sep
20
2017
Court Denies Motion for Conditional Certification Based Upon Deficient Allegations, Reminding Employers of the Value of Testing the Sufficiency of Allegations Sheppard, Mullin, Richter & Hampton LLP
Apr
11
2023
New York’s Long-Arm Jurisdiction Extends its Reach Sheppard, Mullin, Richter & Hampton LLP
Dec
23
2010
Supreme Court To Decide Fate Of Global Warming Litigation In American Electric Power Co. v. Connecticut Sheppard, Mullin, Richter & Hampton LLP
Mar
21
2013
Second Circuit Rules that the Fair Labor Standards Act (FLSA) Does Not Apply to Claims for Gap-Time Pay Sheppard, Mullin, Richter & Hampton LLP
Nov
17
2013
Dodd-Frank Whistleblower Protection: For America Only 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
Mar
10
2015
Second Circuit Reiterates: Bigger Hurdles For Employers Under Big Apple’s Anti-Discrimination Law Sheppard, Mullin, Richter & Hampton LLP
May
26
2015
Second Circuit Narrows Scope of SLUSA Preclusion - Securities Litigation Uniform Standards Act Sheppard, Mullin, Richter & Hampton LLP
Jan
25
2017
Attempt to Monopolize Claim Fails Where Plaintiff Cannot Establish Approach to Monopoly Power in Properly Defined Relevant Market. Sheppard, Mullin, Richter & Hampton LLP
Sep
20
2017
Court Grants Motion for Summary Judgment Against Individual Defendant Imposing “Employer” Liability on Company Owner Sheppard, Mullin, Richter & Hampton LLP
Nov
28
2017
New York Court Scraps Another FACTA Receipt Class Action for Lack of Standing Sheppard, Mullin, Richter & Hampton LLP
Dec
18
2017
Second Circuit Court of Appeals Rules That Hearst Interns Are Not Employees Sheppard, Mullin, Richter & Hampton LLP
May
4
2021
Practice What You Preach: Trade Secret Rules (Of Course) Apply to Lawyers Sheppard, Mullin, Richter & Hampton LLP
Dec
18
2011
Clarity Required: Iran Sanctions Convictions Reversed in U.S. v. Banki Sheppard, Mullin, Richter & Hampton LLP
Mar
22
2013
Second Circuit Upholds Enforceability of Arbitration Agreements that Bar Title VII Class Actions, Finding that there is no Substantive Statutory Right to Pursue a Pattern-or-Practice Claim Sheppard, Mullin, Richter & Hampton LLP
Jun
13
2013
Sixth Circuit Splits with Second and Ninth Circuits Regarding Need to Allege Defendants' State of Mind for Claims Challenging Soft Information Under Section 11 of the Securities Act of 1933 Sheppard, Mullin, Richter & Hampton LLP
Jul
12
2013
Second Circuit Imposes Individual Liability on New York Mayoral Candidate for Fair Labor Standards Act Settlement 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
May
14
2014
“Get Outta Here!”: The Court Of Appeals Finds that New York Judges May Sua Sponte Dismiss Cases on Forum Non Conveniens Grounds in Limited Circumstances Sheppard, Mullin, Richter & Hampton LLP
Jun
29
2015
Second Circuit Holds: You Can’t Always Get What You Want – As Long Your Employer Gives You What You Need (An Effective Accommodation) Sheppard, Mullin, Richter & Hampton LLP
Jan
19
2016
Morton Salt Presumption Of Injury Under Robinson-Patman Act Sheppard, Mullin, Richter & Hampton LLP
Jun
21
2017
Second Circuit Holds that Contingent Equity-Based Compensation of Former Lehman Employees are Subordinate to Creditor Claims Sheppard, Mullin, Richter & Hampton LLP
 

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