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


Girl Scouts Sue Boy Scouts

In what is definitely not a battle of the sexes, the Girl Scouts of the United States of America are suing the Boy Scouts of America.

The principle allegations involve trademark infringement on the use of the word "Scouts" without a gender modifier, and the Boy Scouts' recent decision to start allowing girls to join. The Girl Scouts, being a large, fully established and independent organization claims that Boy Scouts is now marketing to girls and tricking parents into signing girls up for Boy Scouts when the intention was to sign up for Girl Scouts.

The National Rifle Association's lawsuit against New York's Governor Cuomo will be allowed to proceed after the state failed to get the entire case tossed out.

According to the recent Decision and Order, issued by the Northern District of New York federal court, the NRA's case meets the initial pleading threshold requirements to state a case against the governor for pressuring banks, insurers, and other regulated industries, to not do business with the divisive organization.

Trumps Sued for Pyramid Scheme

A recently filed federal lawsuit accuses President Trump, Eric, Donald Jr., and Ivanka, as well as several of the Trump family's organizations, of deliberately defrauding thousands of individuals via the ACN pyramid scheme.

The lawsuit alleges that ACN preyed upon individuals who simply couldn't afford to be scammed and were seeking new ways to earn a living. The Montana Securities and Insurance Commissioner even shut it down two years ago in the state as an unlawful pyramid scheme (rather than the multi-level marketing scheme that it purports to be).

Former NY State Senate Leader Gets Federal Prison

Former New York State Senator Dean Skelos got a new term -- four years and three months in prison.

The ex-majority leader was convicted of federal corruption charges, including soliciting bribes and defrauding the public. A jury found him guilty -- for the second time -- in July.

Skelos got a break last year when an appeals court threw out his conviction due to faulty jury instructions in United States v. Skelos. This time, Seklos only has himself to blame.

The members of the epic band Lynyrd Skynyrd may have taken a blood oath to never use the name Lynyrd Skynyrd again, but the Second Circuit Court of Appeals just ruled that their blood oath isn't strong enough to stop the Lynyrd Skynyrd movie, Street Survivors: The True Story of the Lynyrd Skynyrd Plane Crash, from being distributed and released.

The district court ruled that the filmmaker could not release the film because it had partnered with one of the original members, Artimus Pyle, who had taken the blood oath. As reported, the court explained that but for his blood oath (i.e. making a deal prohibiting him from doing anything with the name Lynyrd Skynyrd), the filmmaker would have been "as free as a bird" to do so.

'Friday the 13th' Writer Can Claw Back Copyright

Everybody has nightmares, but some people are really good at writing about them.

Judge Stefan Underhill gave it a try. In Horror, Inc. v. Miller, he put some effort into writing about the famous "Friday the 13th" horror film.

The backstory started out with a handshake deal between the author and a producer. In the end, it turned into a nightmare for a company that exploited the work.

Ex-Fox News VP's Lawsuit Dismissed and Then Some

It's bad enough to lose a case, but when the court is upset with your attorney, it's worse.

That's what happened in Cortes v. 21st Century Fox America. The U.S. Second Circuit Court of Appeals did more than rule against the appellant; it set a hearing for monetary sanctions against his attorney.

The appeals court said the claims were "irrelevant, absurd, and/or scurrilous." The only thing that could make things worse is if it ended up on television.

DOJ Official John Gore Must Testify in 2020 Census Lawsuits

Some legal questions are easy to answer, even for judges in a politically charged case.

For example, it took the U.S. Second Circuit Court of Appeals just hours to answer a key question In Re. United States Department of Commerce. If they didn't have to write their opinion, they could have ruled from the bench.

They said a Justice Department official must testify in the case. The hard questions come later at his deposition.

Ex-Aide for Gov. Cuomo Sentenced to Six Years in Prison

If a judge says your argument is "unmitigated poppycock," you and your client are in trouble.

And so it was for Joseph Percoco and his lawyers at his sentencing hearing. Judge Valerie Caproni was not persuaded by their argument; she gave him six years.

Percoco was a former aide to New York Gov. Andrew Cuomo. Now he is a convicted felon with a history of poppycock.

Court Stops Deportation of Ex-Terrorist

Mohammed Khalid was the youngest person ever prosecuted on terrorism charges in the United States.

He started engaging in radical Islamic chat rooms when he was 15 from his family's apartment in Baltimore. He was arrested when he was 17 and pleaded guilty to conspiracy to support terrorists.

In Kahlid v. Sessions, authorities wanted to deport the young man. The U.S. Second Circuit Court of Appeals had different ideas for him.