U.S. Second Circuit - FindLaw

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


WWII Vet Writes 2nd Cir., Reprimands the Panel Over 'Deflategate'

The Deflategate scandal is beginning to strike some as getting a little long in the tooth, particularly owing to the fact that the entire scandal revolves around the PSI of a football, but it looks like it will continue on. While probably everyone is tired of this scandal, no one is quite as frustrated as Warren B. Lessing, a 93-year-old WWII vet who reprimanded the Second Circuit for adding grease to a fire.

The tone of Lessing's letter to the court can be summed up with this very direct question: "Don't you have anything more important to do?"

James Haber and his tax shelter boutique, Diversified Group Inc, were fined $25 million by the Internal Revenue Service for their alleged failure to register offshore tax shelters. Haber handed over $18,370 and his company paid out $15,500, and that was it. To collect the significant balance remaining, the IRS turned to assets controlled by Haber's wife, Jill.

Haber sued, contesting the administrative summons issued by the IRS to Ms. Haber's bank. But, the Second Circuit ruled last Friday, that summons was well within the Service's power, allowing the IRS investigation into Haber's wife to continue ahead.

2nd Cir. Affirms Dismissal of ERISA Parity Case Against Anthem

The Second Circuit affirmed a lower court's dismissal of an ERISA discrimination suit against health insurers Anthem on the grounds that the latter discriminated against mental-health patients by reimbursing them less than other patients.

But the thrust of the disputed issue at law still remains red hot. The case was not dismissed on the merits so much as the circuit decided that psychiatrists, who brought the suit on behalf of their patients, lacked standing.

2nd Cir. Refuses to Re-Open Arab Bank Terrorism Suit

Controversy aside, jurists will have to live with the fact that precedent does not allow a re-hearing of the Arab Bank suit which ruled against victims of suicide bombers late last year.

This was the final say of the Second Circuit, which finally put to rest the suits brought by families of Israeli victims killed by Palestinian suicide bombers during the Second Intifada.

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.