2nd Circuit Property Law News - U.S. Second Circuit
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Recently in Property Law Category

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.

It looks like the A's have it. Last Friday, the Supreme Court released its order list and two cases originating in the Second Circuit were granted certiorari, and big players in each case start with -- you guessed it, the letter A.

American Broadcasting Companies, Inc. v. Aereo, Inc.

Aereo is in the business of transmitting broadcast television programming to mobile devices, without a license -- sometimes while the program is airing on television. Understandably, broadcasters disagreed with Aereo's practice, and sued Aereo for copyright infringement in district court in New York, seeking a preliminary injunction, which the court denied.

Entergy Nuclear Vermont Yankee, LLC ("Vermont Yankee") can't seem to play nice with Vermont. The two parties have been in litigation since 1978 -- and the present case arises within this context.

The Vermont Generating Tax

You may recall that earlier this year, the Second Circuit held that Vermont could not shut down Vermont Yankee because of safety concerns. Because Vermont had refused to extend Vermont Yankee's regulatory approval for the plant's operation, Vermont Yankee stopped making payments to the state, agreed upon by the parties in Memoranda of Understanding. As a result, Vermont passed the Generating Tax, a $0.0025 per kilowatt-hour on electricity produced by plants with a capacity to generate at least 200,000 kilowatts.

While the Internet is going nuts over the Apple e-Book injunction, we couldn't help ourselves when we came across a gem of a case adjudicating the ownership rights to a shipwreck. That's right, how often do you get to read about admiralty law?

So for fun (and we use that term loosely), we thought we'd cover both ...

The Great Recession might be over, but the litigation is just beginning.

In what's likely to be a string of market meltdown cases, all tracing back to the infamous mortgage-backed securities which crippled the U.S. economy in 2008, the Second Circuit breathed new life into a Barclays case, reports Reuters.

The Vermont Yankee Nuclear Power Station ("Vermont Yankee") has been a source of controversy -- and litigation -- since 1978. In the latest court battle, Vermont Yankee brought suit against Vermont's Governor, Attorney General and members of the Vermont Public Services board making preemption and dormant commerce clause claims.

Last week, in a case that is sure to have nationwide ripples, the Second Circuit Court of Appeals held that "[s]tates cannot shut down nuclear power plants over safety worries, reports The New York Times.

Second Circuit: Bolshevik-Seized Painting Belongs to the Met

If you hoped that the Second Circuit would help return your family's Bolshevik-seized masterpiece from a major museum this year, you're probably out of luck.

This week, the New York-based appellate court ruled that the act of state doctrine precludes such righting of wrongs from the Soviet past.

Shinnecock Tribe to Gamble on State Court Casino Approval

Could Southampton get a casino after all?

The Second Circuit Court of Appeals ruled on Monday that the battle over a new Native American casino should be handled in state court, not federal court, reports The Wall Street Journal.

The Incredible Sulk: Stan Lee Lawsuit Dismissed Under Rule 60

Our spidey-sense tells us that we haven’t seen the last of the Stan Lee lawsuits.

Stan Lee Media Inc., (SLMI) lost a challenge in the Second Circuit Court of Appeals this week to intervene in a seven-year-old settlement between Stan Lee (the man) and Marvel over rights to some of Lee’s most famous characters.

Cloverleaf Realty of N.Y., Inc. v. Town of Wawayanda, No. 07-3405

District court order dismissing a procedural due process claim as precluded by an earlier dismissal of a similar claim by a New York state court for lack of timeliness is vacated where the dismissal of a claim solely for lack of timeliness in a New York state court does not preclude the same claim from being brought in another jurisdiction with a longer statute of limitations, including a federal court exercising its federal question jurisdiction.    

Read Cloverleaf Realty of N.Y., Inc. v. Town of Wawayanda, No. 07-3405

Appellate Information
Appeal from an order of the United States District Court for the Southern District of New York.
Argued December 8, 2008
Decided July 15, 2009

Before: FEINBERG, LEVAL, and CABRANES, Circuit Judges.
Opinion by FEINBERG, Circuit Judge.

For Appellant: James G. Sweeney.

For Appellee: Richard J. Guertin, Maria Condoluci.