U.S. Second Circuit - FindLaw

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


Tom Brady Must Be Punished for Deflategate, Says 2nd Circuit

The Second Circuit's Court of Appeals weighed in on the Deflategate controversy and decided that a reinstatement of a four-game suspension against Tom Brady was the proper route. Brady had earlier petitioned a lower district court ruling on due process grounds.

No surprise, the news was met with nodding approval by NFL Commissioner Roger Goodell who fast-tracked proceedings against Brady that led to the player's suspension.

Want to represent New Yorkers while keeping your only law office in Connecticut or New Jersey? Fuhgeddaboutit!

The Second Circuit has upheld New York's law requiring out-of-state attorneys to maintain a physical office in the state, reversing a district court opinion declaring the rule an unconstitutional violation of the Privileges and Immunities Clause. Sorry Empire State moon lighters, it's time to start looking for a lease.

The Second Circuit upheld the conviction of five former employees for Bernie Madoff this week. In a summary order issued Wednesday, the court rejected arguments challenging the sufficiency of the evidence against then and the behavior of federal prosecutors.

The defendants were directors, portfolio managers, and computer programmers who had aided Madoff in the Ponzi scheme which landed Madoff a 150-year prison term and lost investors an estimated $17 billion dollars.

Google Books is quickly becoming the Library of Alexandria for the digital age, a vast collection of the world's written knowledge. There's no need to fly to Egypt to check it out, however. Google Books are available free, online, making Google the world's most accessible librarian.

But, as Google endeavors to make all written matter free, who will look out for the Dan Browns and E.L. Jameses of the world? The starving poets and struggling playwrights? Not the Supreme Court, which just rejected a challenge to the Google Books program by the Authors Guild, allowing the Second Circuit's pro-Google, anti-literature decision to stand.

2nd Circ. Passes on SiriusXM Radio Copyright Case

The Second Circuit's Court of Appeals decided to hold off on entering a potentially ground-moving decision involving class actions brought by members The Turtles, the rock group from the 70s. In the suit, they contended that federal copyright laws do not protect sound recordings made before 1972, and that state laws must apply.

If true, a favorable ruling would have potentially made bars, restaurants, and other venues mass copyright infringers.

Lehman Brothers Dodges Another ERISA Challenge in 2nd Cir.

Current and former employees of Lehman Brothers came away disappointed again in their legal battle that first began when the recession started back in 2008. According to the Second Circuit, application of Amgen Inc. v Harris means that the plaintiffs failed to prove that an SEC ban on short selling constituted "special circumstances."

This ruling marks the first time a federal circuit court has applied the 2016 SCOTUS case of Amgen to a pending ERISA case.

Failing to Warn Debtors of Fees Is a Violation of FDCPA, 2nd Circuit Rules

The Second Circuit Court of Appeals just ruled in favor of a pair of debtors who successfully argued that FDCPA requires creditors to inform debt-holders that their balances could increase due to interest and fees.

This is a relieving bit of case law that will surely give people with accounts payable some additional respite from worries of imbalances in their books.

Sovereign Immunity Saves SSA From Its Own Blunder, Bilks Lawyers

In a case that will actually make some people take sides with lawyers against the Social Security Administration, the Second Circuit recently found that applicable federal law of Sovereign Immunity shields the SSA from suit.

There aren't too many cases out there where people can agree that lawyers got the short end of the stick, but we think we might have a contender here.

Tom Brady's Luck Is Running out Before the Second Circuit

It looks like Tom Brady's luck is finally beginning to thin out. The beleagured NFL star's attorney appeared before the Second Circuit (originally brought late last year) and was subjected to the panel's inquiries as to why Brady should or should not be reinstated into play after he was suspended in the wake of deflategate.

The main issue before the panel was whether or not the Manhattan federal court judge Richard Berman had ruled correctly when he found that Brady's rights to due process were violated by NFL Commissioner Roger Goodell, who could have potentially dispensed his "own brand of industrial justice."

A lawsuit over the New York Metropolitan Transit Agency's refusal to run anti-Muslim ads has been mooted by the Agency's new advertising standards, the Second Circuit ruled last week. The American Freedom Defense Initiative, famous for insulting billboards and "draw Muhammad" contests, had tried to run the controversial ad on New York City subways and busses. The MTA denied the ad, on the grounds that it incited violence.

AFDI won in court, promoting the MTA to change its advertising policy. The ad was still banned, but now because it was "political," and that was enough to moot the case, the Second Circuit ruled.