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.
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Anyone remember that pair of Nicholas Cage abominations masquerading as "superhero films" from a few years back? Yeah. Those were awful. They also led to this lawsuit.
Though Marvel already had a horse-riding "Ghost Rider" character as early as 1966, freelance writer Gary Friedrich proposed a man on a motorcycle in 1972. Credit for the flaming skull head and the "pact with Satan to save [loved one's] life" cliché are still in dispute.
Quick primer on disputing a debt under the Fair Debt Collection Practices Act:
Debt collector sends a notice containing the familiar admonition that "this is an attempt to collect a debt. Any information collected will be used for that purpose." It also tells the debtor that if they believe the debt to be invalid, they must dispute the debt within thirty days. If they do so, the debt collector is required to "verify" the debt before continuing collection efforts.
There's one small ambiguity in the statute, however. Note the difference between the following two provisions, § 1692g(a)(3) and (4):
After a few days of a barren bench issuing no decisions of note, today we were graced with a handful. We're so excited by the ending of the drought, that today, we're giving you a double dose of Second Circuit fun: felons with firearms and insurance company windfalls.
Second Circuit Talks Second Amendment - For Felons
A felon is caught with both body armor and firearms. This is obviously a problem. Yet, Gary Bogle argued, with a straight face, that the Supreme Court's recent jurisprudence in the Second Amendment arena, namely District of Columbia v. Heller and McDonald v. City of Chicago developed a more expansive interpretation of the Amendment and by extension, gave the right to firearm possession back to felons.
If you’re in the business of making Catholic-branded gifts, it seems like you wouldn’t want to irk the Vatican. But Magi XXI decided that it wasn’t getting a fair shake in a sublicensing deal with Vatican Publishing, so it actually sued the Holy See.
The Vatican, however, doesn’t answer to just any higher power; it litigates in its own courts, governed by its own laws.
Customers may think of Priceline.com with warm and fuzzy feelings thanks to travel discounts and former spokesman William Shatner, but the site doesn't have a fiduciary duty to disclose its discount-dealing profits to consumers.
Plaintiffs Lee Johnson and Joey Marie Kelly initiated a putative class action against Priceline for breach of fiduciary duty and contract arising from Priceline's alleged failure to disclose to its "Name Your Own Price" customers that a successful bid for a hotel room will generally exceed the amount Priceline pays the hotel vendor. Priceline retains the difference as profit.
MES, Inc claims that the U.S. Army Corps of Engineers unfairly terminated three of its construction/renovation contracts in retaliation for MES’s criticism of the Corps’ mismanagement of construction projects. After an administrative challenge, MES brought a Bivens action in federal court.
The district court dismissed their claim, finding that it was precluded by the Contract Disputes Act (CDA).
The Second Circuit Court of Appeals, in a matter of first impression, affirmed that decision. The ruling brings the Second Circuit in line with the Seventh and Ninth Circuits, as well as the district courts that have considered the issue.
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.
Luxury buildings are never just apartments. They’re homes, or condominiums, or exclusive living opportunities.
But, depending on how courts interpret an insurance contract, a chichi residential building like 40 Mercer can be an “apartment.”
If you’re the beneficiary of New York City rent control laws, you’ll be delighted to hear that the Supreme Court declined to review a Second Circuit Court of Appeals decision upholding the decades-old policy this week.
If you’re a landlord, the denied cert is bad news.