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

February 2014 Archives

If you were just thinking, will this ever go away, then we're on the same page. And the short answer to your question is: no. Though we're headed there ... we think.

Last Friday, the Second Circuit handed down the latest in a series of decisions that have been going back and forth between the Southern District of New York and the Second Circuit Court of Appeals. While there will doubtless be more appeals, we're hoping that we're getting close to the end on this issue.

Where do we begin? There is so much legal news brewing in the Second Circuit that we couldn't just pick one story to highlight. Here's a quick roundup of litigation that's making headlines in the Second Circuit.

When Is Incest, Incest?

Um, one would think the answer to that question is -- always. But, in a recent Board of Immigration Appeals decision regarding whether a marriage between a woman and her husband by "half-blood" is void for incest under New York law, the Second Circuit certified the question to the New York Court of Appeals. Though the effect of the precedent may not be very wide-reaching, we're all curious to see how the court decides this one.

Pro bono work is an important part of every attorney's practice, and if you want a chance to argue cases before the Second Circuit, pro bono work is a great vehicle for helping people, and gaining valuable trial experience.

Last week, the Second Circuit announced that it is accepting applications for service on the court's Criminal Justice Act Panel, whose members represent habeas corpus petitioners, as well as indigent criminal defendants. If accepted, the term of membership on the CJA Panel is from one to three years. If an attorney is currently a member and is seeking reappointment, she must first wait for her current term to expire.

The Roman Catholic Church has been embroiled in controversies surrounding allegations of sexual abuse at the hands of priests for years. In a recent Second Circuit opinion, the Arch Diocese of Albany won a small victory, though on purely procedural grounds, reports the Times Union.

The Claim

Michael Shovah initiated an action in Vermont federal court, against the Arch Diocese of Albany, and a former priest, alleging that he was transported from New York to Vermont and was sexually abused. Under the New York statute of limitation, he would have had to file his claim by 2008, yet he did not do so until 2011. However, his claim was timely under the Vermont statute of limitations, hence the choice of venue.

Just when you thought it was over. Last week we posted that new New York City Mayor de Blasio dropped the stop and frisk appeal, as he had promised in his mayoral campaign. If you thought that would be the end of the saga surrounding the former New York City Mayor Bloomberg's administration's stop and frisk policy, then you thought wrong.

Last Friday, five police association's filed two memoranda of law in opposition to the City's motion for remand with the Second Circuit Court of Appeals, reports The Associated Press. So what does it all mean for stop and frisk?

The ripples of the financial crisis that spun out of control in the fall of 2008 are now being felt as shareholder suits progress through the judicial system. Maurice "Hank" Greenberg is not only AIG's former CEO, his company, Starr International Co., had a 12% stake in AIG, making it AIG's largest shareholder. Last week, the Second Circuit dealt a blow to one of his two cases in federal court, reports Reuters.

2008 Financial Crisis

In September 2008, AIG alerted the Federal Reserve Bank of New York ("FRBNY") that it may have to file for bankruptcy. To avoid further financial catastrophe, the FRBNY entered a credit agreement with AIG to prevent bankruptcy, effectively giving the federal government an 80% interest in AIG's common stock. Successive financial vehicles and agreements were utilized as rescue deals to prevent AIG from failing.

One of the most controversial cases of the last year in New York City has been the litigation surrounding the former Bloomberg Administration's stop and frisk policy. As the case progressed through the appeals process, it became clear that the outcome would be dependent on politics, and not the judicial system. As of last week, there may be a political end in sight.

There have also been developments surrounding the heartbreaking school shooting at Sandy Hook Elementary School in Newtown, Connecticut. Read on as we take a look at the new legal outcomes.