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


Former NY Lawmaker Convicted of Corruption Charges -- Again

What a difference a new trial makes.

Well, not for Dean Skelos and his son. The former New York Senate Majority Leader and son Adam Skelos were convicted of corruption charges -- again.

After a faulty jury instruction in their first trial, they got another chance. Different jury, same verdict.

Court to Macy's: Clean Up on Arbitration Aisle

In New York, an employer can change arbitration conditions by mailing a notice to workers.

That's nothing new, which is one reason the U.S. Second Circuit Court of Appeals said its summary order had no precedential effect in Weiss v. Macy's Retail Holdings.

But the appeals court did tell Macy's to clean up its description of arbitration as a "benefit," which is why it made the news.

Nazarite Prisoner Gets Second Bite at Dietary Complaint

For decades, DeAndre Williams lived as a Nazarite by eating no meat or "fruits of the vine."

It was especially difficult the last seven years because he was in prison and officials refused his request for kosher food. Instead, he scrapped together cereal, bread, fruits, vegetables, and soup to get by.

That really got to the judges of the U.S. Second Circuit Court of Appeals. In Williams v. Annucci, the appeals court said he deserved better.

For one Texas woman, the Second Circuit Court of Appeals has ruined what was looking to be a nice payday for going through the pain of receiving 163 unwanted robocalls.

The case, King v. Time Warner, was appealed after the district court ruled in the plaintiff's favor on summary judgment and awarded treble damages. Unfortunately for Araceli King, since the ruling came down in her favor, the interpretation of what qualifies as a robo-dialer has changed. As the Second Circuit explained, as a result of that change, the case needed to be remanded and reanalyzed.

Prosecutors Can't Abuse Warrants to Question Witnesses

Alexina Simon didn't know why police wanted her for questioning, still she cooperated.

Eighteen hours later, they let her go because she didn't have any useful information. She sued for false arrest, but a trial judge dismissed because the police had a "witness warrant."

That's how they do things in New York. Not in Simon v. City of New York, said the U.S. Second Circuit Court of Appeals.

NY Sues to Dismantle Trump's Charitable Foundation

New York's attorney general says President Trump used his charitable foundation like it was his personal checkbook, including $10,000 he paid from the foundation for a painting of himself.

In People of the State of New York v. Trump, the state alleges Trump wrote a check for $100,000 to settle a zoning dispute for his Mar-a-Lago club. The attorney general is suing to recover $2.8 million in restitution and fines for years of illegal transactions.

The Trump Organization denies the allegations, but one thing seems clear. There was no collusion because Trump signed all the checks himself.

NY Federal Judge Stops Pizza Delivery Man's Deportation

You know that prank when you send a pizza to someone who didn't order one?

Well, it was no joke to Pablo Villavicencio when he went to deliver a pizza and got nabbed for deportation. It's not exactly the same as the pizza prank, but it definitely messed up his day.

Fortunately for the Long Island resident, his story caught the attention of the media, lawmakers, and a judge who stayed his case. Everybody pretty much said, "Are you friggin' kidding me?"

Court Renews Copyright Case Against Timberlake

If you know Milli Vanilli, Justin Timberlake is no Milli Vanilli.

The Milli duo lost their Grammy because they didn't actually sing their award-winning song. They went down as the best lip syncers, instead.

Timberlake, at least, sings his songs. However, a federal appeals court says he might owe another band for sampling their song.

Trustee Smells Something in Fishery Bankruptcy, and It's HSBC

China Fishery had a noble plan to feed the world, but it didn't quite work out.

The company, which owned the world's largest factory ship, filed for bankruptcy protection in 2016. A court trustee has managed to liquidate some assets to pay creditors, but is investigating one in particular.

The trustee issued subpoenas to HSBC in the case, and now an appeals court has stymied the bank's efforts to block the subpoenas. The U.S. Second Circuit Court of Appeals said it doesn't have jurisdiction over the matter.

It may not be an old fisherman's tale, but when a group of Wall Street investors and seafood loving friends opened The Sloppy Tuna restaurant in Montauk in 2011, they likely didn't expect to be embroiled in litigation, especially against each other.

However, the Sloppy Tuna owners split up the business in typical corporate protect-against-exposure style. There was a business that owned the property, another that ran the operations, and a third that owned the IP. And when one of the two owners of the business that held the IP was ousted from the Wall Street investment group they all belonged to, litigation commenced over that IP and more.