U.S. Second Circuit - FindLaw

U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog


Michael Lewis' nonfiction book The Big Short, published in 2011, chronicled the 2008 financial crisis as seen through the eyes of some of the people involved in it, including the hedge fund managers who "shorted" (bet against) the market.

In one chapter of the book, Steven Eisman, one of Lewis' sources, meets Wing Chau, the owner of an investment firm that managed collateralized debt obligations (CDOs). CDOs were investments comprised of portions of thousands of subprime mortgages; they were a key vector for the financial collapse.

Casualties, tragically, are a part of war. Soldiers, and their countries, enter into battle knowing that they may pay the ultimate price. And legally, soldiers' families can't sue over their lost lives.

But what happens when those sacrificed lives are taken by those outside of the war?

As Alison Frankel explains for Reuters, the Anti-Terrorism Act of 1992 (ATA) gives these causalities a right of action against certain parties. And the families of a few fallen soldiers are now invoking that law against some of the largest banks in Europe, claiming that they conspired to evade sanctions on Iran, and that the funding passed through was used to sponsor Iranian-trained groups that attacked U.S. soldiers in Iraq.

When Eric Holder announced last month that he was done, finished, outta here, everyone wondered who the next Attorney General of the United States would be.

And they also wondered how President Obama would be able to push through someone who was as tough as Holder was on issues that -- well, let's say issues that the new Senate majority might not want the new AG to be investigating so much.

Well, wonder no more. President Obama has confirmed the rumors, nominating U.S. Attorney Loretta Lynch to the post. If confirmed, Lynch would be the second woman, the second African American, and the first African American woman to hold the post.

Between the late '80s and the late '90s, Peter Glazman recruited a variety of people to be "franchisees" for his courier business, in which his company delivered packages around New York City. Glazman's franchisees basically paid for everything themselves: a white van, "training" fees, "beeper" fees, insurance, taxes, gas, uniforms, and on and on.

The plaintiffs in this case are several franchisees -- many of whom recently emigrated from Eastern Europe and spoke limited English -- who claimed that they would be promised a 60 percent commission from each package delivery. There was never really any accounting of that, and Glazman claimed there was never any agreement to pay them that.

This has been going on for far too long -- the litigation, that is. "Stop and frisk" was a terrible, constitutionally suspect practice where police officers would stop and pat down pedestrians in high-crime areas for no real reason. Disproportionately, those stopped were minorities.

Perhaps seeing the writing on the wall after multiple unfavorable court decisions, or perhaps because he understands the Fourth Amendment better than his predecessor, New York City Mayor Bill de Blasio decided to settle the case. But the police unions, unhappy with the settlement, sought to intervene.

On Friday, the Second Circuit, affirming the district court's earlier ruling, held that their attempt was too little, too late. And with no intervenors left to spoil the party, this could be the last we hear about stop and frisk.

The police got a tip: There are guns stashed in an abandoned Nissan Maxima in the yard behind a certain house on Enfield Street.

Fair enough. Hartford cops JohnMichael O'Hare and Anthony Pia went to the address to look for the guns, but ran head-first into Seven, the family's St. Bernard. Long story short, they shot Seven multiple times in front of K.H., a then-12-year-old girl, leading to the dog's death.

The district court allowed an exigent circumstances defense, and the jury sided with the defendants. But the Second Circuit overturned that verdict Thursday, holding that there was not sufficient evidence of exigent circumstances and that qualified immunity doesn't apply.

What is incest, really? Back in February, we mentioned that the Second Circuit had certified that question to the New York Court of Appeals. Huyen Nguyen became a conditional permanent resident of the United States in 2000 thanks to her marriage to Vu Truong, a U.S. citizen. Nguyen petitioned to have the conditions removed.

USCIS did some investigating and found out that Troung was Nguyen's half-uncle. It declared the marriage incestuous and void. On appeal, the Second Circuit wasn't so sure.

Back in 2013, several interns sued NBCUniversal, alleging unfair labor practices. Basically, they claimed NBC was using unpaid or underpaid interns to do the actual work that properly paid employees should be doing. The lawsuit struck in the middle of a nationwide debate about the role of the "unpaid intern."

Yesterday, NBC Universal agreed to a $6.4 million settlement with the interns. It now goes to Judge Ronald Ellis of the U.S. District Court for the Southern District of New York for approval, according to The Hollywood Reporter.

Having trouble using CM/ECF filing and PACER? It's not just you -- the Second Circuit's CM/ECF/PACER system is only going to be semi-functional this week as the court migrates to the "NextGen CM/ECF" system.

What do you do if you need to submit filings under deadline? CM/ECF filing was suspended at noon today, so for now, you'll have to party like it's 1995 and use email attachments. As for case dockets and documents, that part of the system will be online until midnight on Friday, then closed until noon on Monday. If you were looking for a good excuse to take a long weekend, this is it.

Here are the full details on the service interruption and the "eboxes" filing procedures that are in place until Monday:

Thus far, the Supreme Court has granted cert. to only one case from the Second Circuit. Gelboim v. Bank of America is a civil action brought by several investors against several banks, arising out of the LIBOR scandal of a few years ago.

LIBOR -- the London Interbank Offered Rate -- is an important interest rate in worldwide banking. It was discovered that several banks colluded to manipulate the interest rate, harming investors by giving them a lower interest rate on financial products than they would have had otherwise.