U.S. Second Circuit: January 2013 Archives
U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

January 2013 Archives

Second Circuit Slams Lawyer for Failure to Update Email Address

Lawyers: Keep your email address current with the courts' electronic filing systems.

Seriously. It could make or break your case. And you could be publicly shamed. By the Second Circuit Court of Appeals, no less.

Federal Common Law Control 'Arbitration' Under FAA

Does federal common law or state law provide the meaning of "arbitration" within the Federal Arbitration Act?

According to the Second Circuit Court of Appeals, Congress intended national uniformity regarding the interpretation of the term "arbitration," and therefore federal common law controls.

Second Circuit Rejects Arab Bank Interlocutory Appeal in Hamas Suit

Friday, a Second Circuit Court of Appeals panel unanimously ruled that it lacked standing to hear a sanctions dispute about terrorism financing allegations.

The appeal stemmed from claims brought by victims and families of victims of terrorist attacks committed in Israel between 1995 and 2004. More than 100 families and 700 individuals are seeking more than $1 billion in damages from Arab Bank in the lawsuits, Thomson Reuters News & Insight reports.

Sixth Amendment Doesn't Guarantee Family Seats at Voir Dire

Close-knit families tend to support each other at major life events. Graduations. Weddings. Voir dire for a RICO trial jury selection.

But while it's admirable for families to stand by their accused loves ones, there's no constitutional guarantee that they will get to remain in the courtroom through every step of the trial.

Second Circuit Sends OxyContin Case Back to Kentucky

Kentucky has an OxyContin problem.

For years, the drug has been so pervasive in the eastern part of the state that it's become known as "Heroin of the Hills," The Associated Press reports. State officials sued Purdue Pharma, the manufacturer of OxyContin, alleging the company misrepresented the drug as "less addictive and less likely to cause withdrawal than other pain medications."

The most recent legal wrangling in the ongoing battle between Kentucky and Purdue didn't address the merits of the case, but rather which court should hear the case.

Jacoby & Meyers Will Get Merits Ruling on Non-Lawyer Firm Ownership

Jacoby & Meyers LLP won a Second Circuit Court of Appeals ruling Wednesday, reinstating its legal attack on a New York rule barring non-lawyers from owning an interest in law firms, Bloomberg reports.

The order modifies a previous ruling from the court, which permitted the firm to amend its complaint to include additional state defendants, and challenges to New York Judiciary Law §495 and LLC Law § 201.

At this point, we should all be familiar with the general proposition that citizens are well within their rights to casually flip the bird to whomever they please, whether the recipient is a police officer or fans at a sporting event. Police officers should especially be familiar with the gesture after a series of stories of citizens successfully suing after being arrested for their self-expression.

Based on that commonly understood proposition, you might wonder how a middle finger case ended up in the Second Circuit Court of Appeals. Quite frankly, we’re still wondering the same thing. After the District Court dismissed John Swartz’s claims for an unlawful search and seizure, false arrest, and malicious prosecution via summary judgment, the Second Circuit reversed the lower court - and it wasn’t even close.