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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Mar
29
2019
First Court Within Ninth Circuit Declines to Follow Reyes and Finds that Consent Can Be Revoked Under the TCPA Womble Bond Dickinson (US) LLP
Mar
29
2019
N.Y. Court of Appeals Delivers Wage and Hour Victory to Home Care Industry Employers Proskauer Rose LLP
Mar
28
2019
The Southern District Finds Unambiguous Policy Language Controls NYU’s Superstorm Sandy Claim Robinson & Cole LLP
Mar
28
2019
Filling an Enforcement “Make-Whole”: Bankruptcy Court Enforces Prepayment Premium Notwithstanding Prepetition Loan Acceleration Cadwalader, Wickersham & Taft LLP
Mar
27
2019
Consent and Revocation Under the TCPA Polsinelli PC
Mar
27
2019
New York High Court Upholds State Labor Department Interpretation of ‘Live-In’ Home Health Employee Rule Jackson Lewis P.C.
Mar
25
2019
The Americans with Disabilities Act Prohibits Hostile Work Environments, Second Circuit Rules Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
21
2019
Return To Sender: Court Holds TCPA Liability For A Text Sent By A Marketing Firm Cannot Be Resolved On Summary Judgment Squire Patton Boggs (US) LLP
Mar
21
2019
Court of Appeals Rules Landlords Can Be Liable for Tenants’ Discriminatory Conduct Jackson Lewis P.C.
Mar
20
2019
When Is a Claim for Rescission Ripe for Adjudication? Squire Patton Boggs (US) LLP
Mar
19
2019
Company Settles “Natural” Class Action Claims for $1.5 Million Keller and Heckman LLP
Mar
19
2019
Partial Final Award Not Ripe For Confirmation Squire Patton Boggs (US) LLP
Mar
18
2019
Second Circuit Derails Municipal Ordinance Targeted at Railway Operations ArentFox Schiff LLP
Mar
18
2019
CFPB and NYAG File Opening Briefs with Second Circuit in RD Legal Funding Case Ballard Spahr LLP
Mar
18
2019
Parties seek preliminary approval of class action settlement in Madden case Ballard Spahr LLP
Mar
14
2019
Arbitration Provisions: Applicable to Independent Contractors or Not? Faegre Drinker
Mar
13
2019
Second Circuit Holds “Offering for Sale” Is “Advertising Injury” Under CGL Policy, But Allegation Not Enough to Trigger Duty to Defend Carlton Fields
Mar
12
2019
Second Circuit Holds That Issuer’s Alleged Statements Concerning Its Regulatory Compliance Efforts Do Not Constitute Material Misstatements Sheppard, Mullin, Richter & Hampton LLP
Mar
12
2019
Teva Putative Federal Securities Class Member Seeks to Toll Statute of Repose with Motion to Intervene Mintz
Mar
6
2019
Still Locked In: New York District Court Swiftly Follows Reyes–Dismisses TCPA Suit Because Contractual Consent Cannot be Revoked Troutman Amin, LLP
Mar
6
2019
Second Circuit Rejects Securities Claims Based on Generic Statements About Ethics and Compliance Proskauer Rose LLP
Mar
4
2019
Second Circuit Rejects Total Wine Challenge of Connecticut Pricing Laws McDermott Will & Emery
Feb
28
2019
Using Prior FCC Rulings and Focusing on Human Intervention, Court Finds Texting Platform Is Not An ATDS Womble Bond Dickinson (US) LLP
Feb
20
2019
Second Circuit Upholds Personal Liability of Individual Owner for Payday Debt Collection Companies’ FTCA and FDCPA Violations Ballard Spahr LLP
Feb
19
2019
Piling On: Corporations Support the New York Times in Multiemployer Pension Calculation Dispute McDermott Will & Emery
Feb
19
2019
Second Circuit Holds Arbitration Clause Found in Hyperlink in a Confirmation Email Unenforceable Carlton Fields
Feb
14
2019
Categorical Conflict of Interest Does Not Alter Standard of Review of Benefit Denials Proskauer Rose LLP
Feb
14
2019
Four Circuits Agree: Regular and Reliable Attendance is an Essential Job Function Polsinelli PC
Feb
13
2019
New Second Circuit Statute of Limitations Ruling A Benefit to Loan Originators, Brokers Bilzin Sumberg
Feb
13
2019
Second Circuit Affirms Order Compelling Arbitration, Rejects as Waived Arguments Not Made Before Trial Court Carlton Fields
Feb
11
2019
Second Circuit Shears Cosmetology Student’s Claims in Intern-or-Employee Case Jackson Lewis P.C.
Feb
1
2019
Digital Currency App’s Electronic User Agreement Held Enforceable Proskauer Rose LLP
Jan
30
2019
Notice of Terms via Buried Link within a Post-Sale Email Unenforceable Proskauer Rose LLP
Jan
30
2019
Second Circuit: No First Sale Doctrine for Reproduced Digital Files McDermott Will & Emery
Jan
28
2019
Oral Argument Calendared for March 12 in All American Check Cashing case Ballard Spahr LLP
 

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