U.S. Second Circuit - FindLaw

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


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.

In a nonprecedential yet significant order, a panel of the Second Circuit vacated the district court's grant of summary judgment in Sharkey v. J.P. Morgan Chase and remanded for further proceedings.

Jennifer Sharkey was a manager in the Private Wealth Management division of JPMorgan Chase & Co. Part of her job involved assessing client risk. One client in particular seemed fishy to her: She was unsure where his money was coming from, the client had a history of having millions of dollars go missing, and he didn't always provide the information she asked for.

How lucrative are "check cashing" businesses? Pretty lucrative, but states are increasingly regulating these bank-like industries that charge extremely high interest rates. Enter the Indian tribes! Payday lenders are teaming up with Indian tribes to utilize tribal sovereignty as an end-run around state usury laws, which the lenders claim don't apply to loans made on tribal land. As a result, the legality of these operations is a serious question. From Minnesota to California, states are cracking down on these tribal lending operations.

Yesterday, the Second Circuit Court of Appeals dealt a bit of a death blow to a New York-based Indian payday lender.

You may have never heard of Jack Kirby, but you've heard of X-Men, The Fantastic Four, and The Incredible Hulk? Kirby created, or co-created, all of them -- and more -- between 1958 and 1963, when he was an independent contractor for Marvel Comics.

Last Friday, a surprise announcement sent a shockwave through the legal-comics community. The estate of Jack Kirby and Marvel Entertainment had reached a settlement, meaning the Kirby v. Marvel cert petition would likely be withdrawn from the Supreme Court's consideration.

Following two days of deliberations, a federal jury in Brooklyn found the Jordan-based Arab Bank liable for a series of suicide bombings in Israel and Palestine in the early 2000s.

Witnesses testified that not only did Hamas and other alleged terrorist organizations, like the Saudi Committee for the support of the Intifada al-Quds, use Arab Bank to transfer money to the families of suicide bombers, but Arab Bank knew that this was going on.

The year was 2004. Paul Giamatti shined in "Sideways," a dramedy that would win the Academy Award for Best Adapted Screenplay. Usher's "Yeah!," featuring rapper Ludacris and producer Lil Jon was tearing up the Billboard charts. And Connecticut Gov. John G. Rowland was headed to prison after pleading guilty to accepting inappropriate gifts from individuals with contracts with the state.

Ten years later, I finally got around to watching "Sideways." (Dark, depressing, and hilarious.) And the former governor? He's headed back to prison after being convicted of another corrupt political deal -- a campaign finance violation for a losing congressional race. And while last time, Gov. Rowland only served 10 months, this time he faces up to 57 years, reports The New York Times.