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

March 2016 Archives

Failing to Warn Debtors of Fees Is a Violation of FDCPA, 2nd Circuit Rules

The Second Circuit Court of Appeals just ruled in favor of a pair of debtors who successfully argued that FDCPA requires creditors to inform debt-holders that their balances could increase due to interest and fees.

This is a relieving bit of case law that will surely give people with accounts payable some additional respite from worries of imbalances in their books.

Sovereign Immunity Saves SSA From Its Own Blunder, Bilks Lawyers

In a case that will actually make some people take sides with lawyers against the Social Security Administration, the Second Circuit recently found that applicable federal law of Sovereign Immunity shields the SSA from suit.

There aren't too many cases out there where people can agree that lawyers got the short end of the stick, but we think we might have a contender here.

Tom Brady's Luck Is Running out Before the Second Circuit

It looks like Tom Brady's luck is finally beginning to thin out. The beleagured NFL star's attorney appeared before the Second Circuit (originally brought late last year) and was subjected to the panel's inquiries as to why Brady should or should not be reinstated into play after he was suspended in the wake of deflategate.

The main issue before the panel was whether or not the Manhattan federal court judge Richard Berman had ruled correctly when he found that Brady's rights to due process were violated by NFL Commissioner Roger Goodell, who could have potentially dispensed his "own brand of industrial justice."

A lawsuit over the New York Metropolitan Transit Agency's refusal to run anti-Muslim ads has been mooted by the Agency's new advertising standards, the Second Circuit ruled last week. The American Freedom Defense Initiative, famous for insulting billboards and "draw Muhammad" contests, had tried to run the controversial ad on New York City subways and busses. The MTA denied the ad, on the grounds that it incited violence.

AFDI won in court, promoting the MTA to change its advertising policy. The ad was still banned, but now because it was "political," and that was enough to moot the case, the Second Circuit ruled.

2nd Cir. Unseals Atty Suit Records in Kickback Scandal

The Second Circuit ruled recently that the law firm of Bernstein Litowitz Berger & Grossmann LLP can't hide up court records in a lawsuit in which a "disgruntled employee" was forced to resign after shining a light on potentially unethical conduct by lawyers at the firm.

Weighing the public interest versus potential harm to litigants and individual reputations, the circuit court found that the "the interests favoring secrecy ... are weak."