U.S. Second Circuit - FindLaw

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


Gambino Capo's 1981 Murder Convictions Upheld by 2nd Cir.

The Second Circuit upheld the murder convictions of Bartolomeo Vernace, ruling that the three decades-old murders might have started over a spilled drink dispute, but they certainly did not hurt the mafioso's reputation as a violent mobster.

The circuit's ruling marks a major victory against the Gambino crime family which has, over the years, suffered diminished power and influence.

NSC Drone Strike Records Are Not Covered by FOIA

The Second Circuit recently decided to stand with the D.C. Circuit in ruling that the National Security Conference was outside of the reach of FOIA.

This means one thing: documents relating to drone strikes and other national security issues are that much more obscured from view.

50 Cent Wins in Copyright Infringement Case at the Second Circuit

The rapper 50 Cent was given a victory in court by the Second Circuit's Court of Appeals by tossing out the copyright suit "Young Caliber" brought against him.

But rather than something as complex as a debate over exclusive or non-exclusive use of copyright, it turns out that the plaintiff's downfall was the age old laches.

Russian Firm May Sue Over Vodka Rights in U.S., 2nd Cir. Rules

Stolichnaya, the famous Vodka brand that made its fame in the United States during the 80s, has been the subject of a long and bitter decades' long suit over who owns the venerable Russian brand. Now, it looks like a minion of the Russian state can sue a group of successor companies that arose out of the ashes of the Soviet Union's fall.

The Court of Appeals for the Second Circuit essentially invoked the Doctrines of Comity and Acts of State to save the suit from a lower district court's ruling that the plaintiff company in the state had no standing. Let's not step on any toes, shall we?

Conviction(s) Overturned! Bond Trader's Misrepresentations 'Immaterial'

Ex-Jeffereies & Co. trader Jesse Litvak will get another day in court thanks to the ruling of the Second Circuit's Court of Appeals which essentially made Litvak a free man, at least temporarily.

The misrepresentation and fraud case has been one of the most followed cases on Wall Street in that it potentially marks the limitations of how far "materiality" can be stretched, and by whom.

The Second Circuit reluctantly dismissed five lawsuits against Jordan's Arab Bank on Tuesday, ruling that the bank was immune from suit under the Alien Tort Statute. Plaintiffs sought to hold the bank accountable for financing and facilitating terrorist attacks in the West Bank.

Those suits were barred by Second Circuit and Supreme Court precedent, the court explained, while inviting an en banc sitting or the High Court to overrule earlier decisions that have kept terror victims from recovering in court.

Cop Who Fantasized About Cannibalism Is off the Hook

More than two years after a New York jury found 'Cannibal Cop' Gilberto Valle guilty on counts of conspiring to kidnap and eat women and for illegally using his access to a police database to scope out potential victims, Valle has been cleared of all charges.

The particular case is perhaps one of the more gruesome "thought police" cases to reach national recognition.

In Skiing Hit-and-Run, Resort Off the Hook: 2nd Cir

Yes, you can get in a hit-and-run on the ski slopes, but if you do, don't assume that the resort will be liable. The Second Circuit recently affirmed a district court's grant of summary judgment in favor of a ski resort whose negligence, plaintiff claimed, caused his injury.

The facts are interesting in this case, because it appears that plaintiff was blindsided and did not see the thing or person who collided with him, even for a moment.

Germany's Richest Person Wins: Court Upholds Work-Product Doctrine

The Second Circuit sent a clear message recently by overturning a lower federal court's ruling that Georg F.W. Schaeffler's sharing of privileged work-product with another party of "common legal interest" amounted to waiver.

The controversy arises out of facts that go as far back to the beginnings of the 2008 crash: the Lehman Brothers bankruptcy announcement.

If you came down with bronchitis a few years ago, there was a fair chance that your doctor would prescribe Ketek, an antibiotic produced by the French pharmaceutical giant Sanofi-Aventis. That was, until 2007, when the FDA banned the use of Ketek for sinusitis and bronchitis, finding that it was too risky for those diseases and giving it the strongest warning possible -- a so-called "black box" warning -- for certain permitted uses.

The changes came after a year-long FDA investigation which found that the drug could result in severe liver damage. Following the FDA's action, a consortium of health plans sued Sanofi-Aventis for racketeering, arguing that the company fraudulently failed to disclose risks. Their case didn't make it far, however, having been tossed out by the Second Circuit last Friday for failure to establish causation.