2nd Circuit Court News News - U.S. Second Circuit
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Apple -- you know, the company that makes your iPhone -- got into a bit of trouble a few years ago when the United States started investigating allegations of price fixing in the e-book market.

Eventually, Apple settled for $450 million, but did so in the most begrudging way possible. Ever since, it's done nothing but complain about the compliance monitor the court appointed to ensure Apple was abiding by the terms of the settlement. Today, the Second Circuit told Apple to suck it up: the monitor isn't going anywhere.

Want to work for the federal judiciary? Now's your chance!

The Second Circuit is currently on the lookout for candidates for a Bankruptcy Judge in the Southern District of New York. The gig lasts for 14 years and starts at $180,012 annually. If that salary is too much for you, the circuit is also looking for lawyers willing to work completely for free! Applications for the circuit's pro bono panel are currently being accepted.

Following the Eric Garner and Michael Brown grand jury non-indictments, many of us wondered why grand juries are still hanging around. The Constitution requires only that the federal government use grand juries to indict criminal suspects, and yet 23 states still require the use of these bodies for serious felonies.

The problem is that grand juries are secretive (intentionally so) and not subject to the same protections as, say, preliminary hearings, like the right to counsel and the right to cross-examine witnesses. One prominent jurist wants to change that.

From the 2nd Cir.: Top 10 Blog Posts of 2014

Y'all are nasty. Just kidding. But you do like nasty blog topics. (We all do.)

Need proof? Here are the 10 most popular blog posts from FindLaw's U.S. Second Circuit blog for the past year. The docket includes incest, sprayed feces, oral suction during circumcision, plus a litany of other topics that I have no interest in because, well, I'm nasty too.

Here's the big list:

It's Not Just You: PACER Down for Migration This Week in 2nd Cir.

Having trouble using CM/ECF filing and PACER? It's not just you -- the Second Circuit's CM/ECF/PACER system is only going to be semi-functional this week as the court migrates to the "NextGen CM/ECF" system.

What do you do if you need to submit filings under deadline? CM/ECF filing was suspended at noon today, so for now, you'll have to party like it's 1995 and use email attachments. As for case dockets and documents, that part of the system will be online until midnight on Friday, then closed until noon on Monday. If you were looking for a good excuse to take a long weekend, this is it.

Here are the full details on the service interruption and the "eboxes" filing procedures that are in place until Monday:

2nd Cir. Caught Making Copy-and-Paste Snafus ... Again

Hey, we all do it, right? We reuse old legal documents to save time and money, typically clients' money. And once in a while, you'll forget to change a name or a gender-based pronoun somewhere around page 12. It happens.

But this goes a bit further than that: The Second Circuit has been copying and pasting what is arguably a misstatement of an immigration standard -- social visibility -- in a long series of unpublished opinions. After a law professor pointed this out in 2012, the court stopped. But recently, someone taking the copy-and-paste shortcut brought the snippet back from the grave, using it in three more cases this year.

In June, we blogged about the Second Circuit's opinion reversing Judge Rakoff's denial of a consent decree between the Securities and Exchange Commission ("SEC") and Citigroup.

Last week, on remand, Judge Rakoff reluctantly approved the consent decree stating, "That Court [the Second Circuit] has not fixed the menu, leaving this Court with nothing but sour grapes." Ouch.

Let's take a look at the settlement, the opinion, and how we got here.

Two cases closely watched by the tech industry are making progress through the Second Circuit. In the first case, Apple's e-book litigation may be coming to an end with a proposed settlement awaiting court approval, while the criminal case against Ross William Ulbricht, the alleged founder of Silk Road, is moving forward.

And if that's not enough and you want to try your hand at the judiciary -- well there's a job opening for that. Read on for details.

The United States Court of Appeals for the Second Circuit has made several announcements in the past month, so we thought we'd give you an update on new job openings at 40 Centre Street.

Pro Bono Panel

The Criminal Justice Act/Pro Bono Committee is seeking new members for the Second Circuit Pro Bono Panel. The purpose of the panel is to provide representation to litigants that are ineligible to have counsel appointed under the Criminal Justice Act, and who are unable to pay for legal representation.

As always, there's lots to catch up on in the Second Circuit. So, let's cut the small talk and get to it.

Ecuadorian Judgment Against Chevron Fraudulent

Earlier this month, a district judge for the Southern District of New York penned a 497-page ruling finding that Steven Donziger violated a laundry list of laws to obtain an Ecuadorian court's judgment against Chevron, said the company in a press release. Donziger has voiced his intentions to appeal, and called the district court's ruling "an appalling decision resulting from a deeply flawed proceeding that overturns a unanimous ruling by Ecuador's Supreme Court," reports The Wall Street Journal.