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

April 2014 Archives

A putative class action brought by investors against multinational bank Barclays was revived by the Second Circuit last week, when the court vacated in part the district court's dismissal of the suit, reports Reuters.

While the Second Circuit agreed with Judge Shira Scheindlin (of New York City stop and frisk fame) that Barclay's SEC filings were not materially false, the court found her dismissal of the other claims, prior to discovery, premature.

In 2011, the United States engaged in a drone strike in Yemen that killed Anwar al-Awlaki, an al Qaeda leader -- and U.S. citizen. The strike also killed Samir Khan, another U.S. citizen. A month later, al-Awlaki's son, also a U.S. citizen, was killed in a drone strike. These killings instigated protests against killing U.S. citizens without fair trials, reports The Guardian.

As a result, two writers for The New York Times, along with the ACLU, each submitted Freedom of Information Act requests related to documents that authorized the killing of U.S. citizens by drone strike. What happened next takes us to a trip to the Second Circuit.

Back in February we mentioned a pending shareholder lawsuit brought by Lululemon shareholders against the company. They claimed that during the class action period, September 7, 2012 and January 10, 2014, Lululemon mislead and defrauded shareholders, reports Reuters.

Last Friday, District Judge Katherine B. Forrest, of the District Court for the Southern District of New York, issued her opinion dismissing the complaint against Lululemon.

Can we get a collective Namaste?

Child Porn Mandatory Minimums: Think Before You Plead

Want to help your client turn a possible five-year sentence into twenty? You can do it in two easy steps. First, forget about federal sentencing enhancements. Second, let him plead guilty without an agreed-upon sentence.

For an excellent demonstration, take a look at this case

There are a slew of copyright-related cases making their way through the Second Circuit, some even making it to the Supreme Court.

The Author's Guild filed an appeal with the Second Circuit on Friday, challenging the district court's ruling in favor of Google. The Second Circuit also agreed to hear arguments in a case brought by record companies against Vimeo. And next week, the Supreme Court will hear oral arguments in the Aereo case. Here's a breakdown of the latest news.

A case that's been up and down the Second Circuit several times since 1994 is once again in the spotlight. And, the latest in the recent slew of art-related cases in the Second Circuit involves the sale of forgeries for millions. Details below on the latest on Second Circuit legal news.

Rothko Forgeries

New York art gallery Knoedler & Company, several of its employees, and an art historian are being sued by Frank J. Fertitta III, a man who claims that the gallery knowingly sold him a forged Rothko painting for over $7 million, reports The New York Times.

Many high profile cases are making their way through the Southern District of New York, and to the Second Circuit. Today, we'll give you the latest on Apple's e-books suit, Chinese search engine Baidu's free speech, Rajat Gupta's failed appeal and JPMorgan's win.

Apple e-books Class Action Certified

Apple was dealt another blow last week when U.S. District Judge Denise Cote granted plaintiffs' motion for class certification. The consumers are suing Apple for "conspiring with five major publishers to fix e-book prices in violation of antitrust law," reports Reuters. Last year, Judge Cote found Apple liable in an antitrust action brought by the Department of Justice based on the same conduct. Today, 33 states have brought actions against Apple, and class actions have been filed in the remaining states, reports Reuters.