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


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.

NFL Photos Royalty Dispute Revived by 2nd Circuit

A federal appeals court revived a copyright suit by photographers who claim the National Football League used their images without paying royalties.

The U.S. Second Circuit Court of Appeals reversed a trial judge who dismissed their complaint early in the case. The appeals court said the plaintiffs alleged enough to proceed to trial.

It's been a long time coming for the freelance photographers, who filed Spinelli v. National Football League five years ago. It was even longer for the photographs; many were taken nearly a decade ago.

Screenwriter's Case Against 'Light Between Oceans' in Rough Waters

A boat comes to rest on a lighthouse island. It carries two passengers: a newborn baby and a dead man.

That's how the story begins in "The Light Between Oceans," a best-selling novel that became a movie by the same name. Margot Louise Watts, a former in-house intellectual property lawyer, wrote it.

In Nobile v. Watts, screenwriter Michael Nobile says it was his story first. But the ending looks dim for his appeal to the U.S. Second Circuit Court of Appeals.

Court: Employer Violated Labor Law by 'Laundering' Housekeepers

Myrna Harrison worked as a housekeeper for HealthBridge for 22 years. One day, she found out the company had taken away her seniority.

She was not alone. HealthBridge did the same to 48 housekeepers by transferring them to a subcontractor and then bringing them back as "new hires."

That's called "laundering," said the U.S. Second Circuit Court of Appeals in HealthBridge Management v. National Labor Relations Board. And no, you can't do that to housekeepers.

Who Is Richard Sullivan, Nominee to the Second Circuit?

Judge Richard Sullivan is one those fortunate judges to be confirmed unanimously by the U.S. Senate.

But that was 11 years ago when he became a federal trial judge. Now he faces a new group in his bid for the U.S. Second Circuit Court of Appeals.

The political balance favors him, but there are new people in the Senate. They don't know who Richard Sullivan is.

Court Blows Whistleblower Case Out of the 2nd Circuit

Until Copernicus, it was pretty obvious the Sun went around the Earth.

In Wood v. Allergan, it also seemed clear the plaintiffs had a case against Allergan. The plaintiffs, which included half of the United States, alleged the pharmaceutical company gave kickbacks to doctors who prescribed its products.

But the U.S. Second Circuit Court of Appeals said that's not how the False Claims Act works. The appeals court said it was pretty obvious, too.

The infamous Lucky Brand 'Get Lucky' litigation has taken a turn for the even-more complicated, after 17 years of litigation between the fashion brand and its competitor Marcel Fashions.

The Second Circuit used the matter as a springboard to discuss the issue of claim preclusion. And unfortunately for Lucky Brand, the appellate court's significant discussion was anything but a stroke of luck.

The Second Circuit Court of Appeals has upheld the dismissal of the E*Trade customer class action case alleging the company broke state laws when it steered customer business to its partners that paid it the most, rather than what was in the best interest of their customers.

Though the allegations are rather troubling, it's somewhat comforting to know that E*Trade reformed their practices years ago, after this controversy initially broke and FINRA investigated. Unfortunately for the plaintiff(s) in the civil case, the federal courts have ruled that federal law preempts the state law claims entirely.

Debt Collector Gets FDCPA-Slapped

Yvette Vangorden was no pushover when the bank came after her for a credit card debt.

She settled the dispute for about a third of the original amount, paying $571 and change to get rid of it. About five years later, however, a debt collector came after her for some purported balance.

In Vangorden v. Second Round, Ltd., she sued for unfair debt collection practices. This time, the debt collector should have settled.