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

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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.

There are tire fires, and then there are tire fires. And when it comes to the controversy surrounding President Trump and adult film actress Stormy Daniels, there's really no better way to describe it than a tire fire.

Apparently, thanks to the Tweeter-in-Chief's April 18 tweeted comment, and retweeting of some Twitter trash talk, about Stormy Daniels, the actress has filed a defamation lawsuit against Trump. The post in question asserts that Stormy Daniels lied about the man who threatened her, and that the sketch artist drawing is actually a former boyfriend.

Long Island Water Contamination Suit Time-Barred

Time heals all injuries, except perhaps damages from contaminated water in Bethpage, Long Island.

It's a legal reality because the statute of limitations has ended claims in Bethpage Water District v. Northrup Grumman Corporation. A federal appeals court said the plaintiffs waited too long to sue for groundwater contamination caused by the company's industrial work.

The U.S. Second Circuit Court of Appeals said Bethpage waited until 2013 to sue, despite learning about groundwater contamination there between 2007 and 2009.

A 15-year-old case has finally reached a final conclusion thanks to a Second Circuit ruling vacating judgment and remanding the matter. Due to a settlement agreement where the parties stipulated to not proceed with a retrial, the circuit court's order effectively ends the litigation related to three terrorist attacks that date back to before 2005.

The case against Arab Bank was filed under the Antiterrorism Act, which extended liability to any organization that provides support to terrorist organization. The bank is alleged to have turned a blind eye to terrorist organizations providing monetary incentives to attackers and their families. And while a federal jury found the bank liable, the appellate court found that the errors at the trial court level warranted the verdict being vacated and a remand.

2nd Cir. Decides Sailing Injury Res Ipsa Loquitur

'Anchors aweigh!'

It's the march song of the United States Navy and also a call to sailors that a ship is underway. But even as anchors clear the sea bottom, maneuvers begin above like a ballet in a foreign language.

On a classic sailboat, deck hands make halyards whir, winches whine and blocks groan. The only meaningful word to unschooled passengers is "boom."

In the vernacular, that's what happened to Charis Tagle aboard the schooner Shearwater. She got hit in the head when a halyard swung across the foredeck and struck her with a pelican clip.

'Fake Rape' Suit Revived Against Rolling Stone

After a college party, Jackie went up to her date's bedroom where his Phi Kappa Psi fraternity brothers were waiting in the dark.

Someone grabbed her by the shoulders; another punched her in the face. One said: "Grab its motherf***** leg."

"As soon as they said it, I knew they were going to rape me," she told Rolling Stone, which grabbed 2.7 million views for its online edition.

The problem was, it was fake.

The Second Circuit Court of Appeals has reversed and remanded the lower court's decision denying Uber's motion to compel arbitration in the Meyer v. Uber price fixing case.

Fortunately for Spencer Meyer, the appellate court's decision does not close the door on his case and send him packing to arbitration. Rather, Meyer and Uber will be going back before the district court to argue over whether the case should be forced into arbitration, at least one more time.

Chevron Escapes $9.5 Billion 'Amazon Chernobyl' Judgment

Energy giant Chevron can breathe a little easier after the Second Circuit overruled a lower court award of $9.5 billion, finding that the judgment was "procured by corrupt means" and attorney fraud. It's a gigantic win for a gigantic company that has the potential to set the tone for international business litigation strategies.

The attorney who is at the center of this reversal-slash-scandal is Steven Donzinger whom Chevron accused of conducting a "shake-down" of the company. Donzinger's lawyer called the circuit's decision "unprecedented."

2nd Cir. Refuses to Re-Open Arab Bank Terrorism Suit

Controversy aside, jurists will have to live with the fact that precedent does not allow a re-hearing of the Arab Bank suit which ruled against victims of suicide bombers late last year.

This was the final say of the Second Circuit, which finally put to rest the suits brought by families of Israeli victims killed by Palestinian suicide bombers during the Second Intifada.

The Second Circuit reluctantly dismissed five lawsuits against Jordan's Arab Bank on Tuesday, ruling that the bank was immune from suit under the Alien Tort Statute. Plaintiffs sought to hold the bank accountable for financing and facilitating terrorist attacks in the West Bank.

Those suits were barred by Second Circuit and Supreme Court precedent, the court explained, while inviting an en banc sitting or the High Court to overrule earlier decisions that have kept terror victims from recovering in court.