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

November 2013 Archives

Perhaps the Second Circuit is already in a pre-Thanksgiving, turkey tryptophan-induced food coma, but so far it's been a not-so busy week for the court as far as precedential decisions. But, there is some important news coming out of the circuit that is worth noting.

Who knew that those, now ubiquitous, tip jars everywhere in coffee shops could become a federal case? Well they did (on two occasions, but we'll get to that later). Last Thursday, the Second Circuit, in a brief five-page opinion, affirmed a district court's grant of summary judgment to Starbucks.

The Second Circuit had a case of déjà vu last week when it had to reiterate its legal findings regarding whether a New York City Police Department's ("NYPD") policy violated the Fourth Amendment rights of New York City police officers. Not surprisingly, the Second Circuit agreed with its prior ruling.

Oh, why can't all the circuits be like the Second Circuit? We're never at a loss for interesting cases coming out of the Second (yeah, we're looking at you Tenth Circuit).

There were just too many interesting things happening in the Second Circuit last week so here's a roundup of some of our favorites.

The drama surrounding New York's stop-and-frisk case is not slowing. Just within the last week we've seen a flurry of motions from all sides (and now on Judge Shira Scheindlin's behalf too), raising issues that bring the political nature of the case to the forefront.

The big question on New Yorkers' minds is: how will this end? But the answer to that question really has to do with when, because as with many things, timing is everything.

With only a few more weeks to go in this current hurricane season, a federal district judge ruled against New York City for failure to adequately provide emergency plans to protect the disabled during emergencies.

Background

Two non-profits representing people with disabilities, and two disabled people, filed a suit against Mayor Michael Bloomberg and New York City following hurricane-turned-tropical storm Irene, alleging violations of the Americans with Disabilities Act, the Rehabilitation Act and New York City Human Rights Laws.

Back in July, SAC Capital was indicted on five counts of insider trading, just two weeks after the S.E.C. filed a civil case against SAC Capital billionaire hedge fund manager Steven Cohen. Today, the United States Attorney's Office for the Southern District of New York announced a plea agreement between the DOJ and SAC Capital, reports Reuters.

In what may be the most dramatic twist of events this year, the Second Circuit stayed Judge Scheindlin's injunctive order in New York City's stop and frisk case. But, that's not the surprising part. The Second Circuit panel, sua sponte, removed Judge Scheindlin from the case and had the action reassigned to another district judge.

Oh no they didn't ... Um, oh yes, they did. Though, it may not even matter.