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

December 2015 Archives

Conviction(s) Overturned! Bond Trader's Misrepresentations 'Immaterial'

Ex-Jeffereies & Co. trader Jesse Litvak will get another day in court thanks to the ruling of the Second Circuit's Court of Appeals which essentially made Litvak a free man, at least temporarily.

The misrepresentation and fraud case has been one of the most followed cases on Wall Street in that it potentially marks the limitations of how far "materiality" can be stretched, and by whom.

The Second Circuit reluctantly dismissed five lawsuits against Jordan's Arab Bank on Tuesday, ruling that the bank was immune from suit under the Alien Tort Statute. Plaintiffs sought to hold the bank accountable for financing and facilitating terrorist attacks in the West Bank.

Those suits were barred by Second Circuit and Supreme Court precedent, the court explained, while inviting an en banc sitting or the High Court to overrule earlier decisions that have kept terror victims from recovering in court.

Cop Who Fantasized About Cannibalism Is off the Hook

More than two years after a New York jury found 'Cannibal Cop' Gilberto Valle guilty on counts of conspiring to kidnap and eat women and for illegally using his access to a police database to scope out potential victims, Valle has been cleared of all charges.

The particular case is perhaps one of the more gruesome "thought police" cases to reach national recognition.

In Skiing Hit-and-Run, Resort Off the Hook: 2nd Cir

Yes, you can get in a hit-and-run on the ski slopes, but if you do, don't assume that the resort will be liable. The Second Circuit recently affirmed a district court's grant of summary judgment in favor of a ski resort whose negligence, plaintiff claimed, caused his injury.

The facts are interesting in this case, because it appears that plaintiff was blindsided and did not see the thing or person who collided with him, even for a moment.