Second Circuit US Court of Appeals Case Law

The US Court of Appeals for the Second Circuit was established in 1891. The Court is located in New York City and exercises appellate jurisdiction over courts in six districts within the states of Connecticut, New York, and Vermont:

Browse Opinions From the US Court of Appeals for the Second Circuit


Recent Decisions From the US Court of Appeals for the Second Circuit
Wang v. The Hearst Corporation  
Date: December 8, 2017
Docket Number: 16-3302

Justia Opinion Summary: Unpaid interns in this case were not "employees" of Hearst for the purpose of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The Second Circuit applied the "primary beneficiary" test in Glatt v. Fox S...

Expressions Hair Design v. Schneiderman  
Date: December 6, 2017
Docket Number: 13-4533

Justia Opinion Summary: On remand from the Supreme Court, the Second Circuit certified the following question to the New York Court of Appeals: Does a merchant comply with New York's General Business Law 518 so long as the merchant posts the to...

United States v. Gomez  
Date: December 5, 2017
Docket Number: 16-181

Justia Opinion Summary: The Supreme Court's decision in Rodriguez v. United States, ––– U.S. –––, 135 S. Ct. 1609 (2015), abrogated the Second Circuit's holding in United States v. Harrison, 606 F.3d 42, 45 (2d Cir. 2010). In this case, the cou...

Adelson v. Harris  
Date: November 29, 2017
Docket Number: 13-4173

Justia Opinion Summary: After receiving the answer to two certified questions from the Nevada Supreme Court, the Second Circuit affirmed the district court's dismissal of plaintiff's defamation suit. The Nevada Supreme Court held that a hyperli...

Marks v. Hochhauser  
Date: November 29, 2017
Docket Number: 16-4029

Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of a petition pursuant to the Hague Convention on the Civil Aspects of International Child Abduction seeking the return of three children from New York to Thaila...

Washington v. Griffin  
Date: November 28, 2017
Docket Number: 15-3831

Justia Opinion Summary: The Second Circuit affirmed the district court's denial of a petition for writ of habeas corpus. Petitioner argued that the introduction at his trial, during the testimony of an expert lab analyst, of a case file concern...

Allah v. Milling  
Date: November 22, 2017
Docket Number: 16-1443

Justia Opinion Summary: Although the Second Circuit agreed with the district court that defendant's substantive due process rights were violated when prison officials assigned plaintiff, who was then a pretrial detainee, to Administrative Segre...

Peterson v. Islamic Republic of Iran  
Date: November 21, 2017
Docket Number: 15-0690

Justia Opinion Summary: Judgment creditors of the Islamic Republic of Iran and Iran's Ministry of Intelligence and Security sought to enforce underlying judgments obtaining the turnover of $1.68 billion in bond proceeds allegedly owned by Bank...

Arias v. Gutman, Mintz, Baker & Sonnenfeldt LLP  
Date: November 14, 2017
Docket Number: 16-2165

Justia Opinion Summary: A debt collector engages in unfair or unconscionable litigation conduct in violation of section 1692f when, as alleged here, it in bad faith unduly prolongs legal proceedings or requires a consumer to appear at an unnece...

Nick's Garage, Inc. v. Progressive Casualty Insurance Co.  
Date: November 8, 2017
Docket Number: 15-1426

Justia Opinion Summary: Plaintiff, as assignees of its customers against the insurer, appealed the district court's grant of summary judgment for the insurer. Plaintiff alleged that the insurer failed to pay sufficient funds to fulfill its obli...

Waggoner v. Barclays PLC  
Date: November 6, 2017
Docket Number: 16-1912

Justia Opinion Summary: The Second Circuit affirmed the district court's order granting plaintiffs' motion for class certification in an action asserting violations of section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. 78j(b). The...

Yarur Bascunan v. Yarur Elsaca  
Date: October 30, 2017
Docket Number: 16-3626

Justia Opinion Summary: Plaintiff filed suit against defendant, alleging that defendant, who had power of attorney over plaintiff's finances, stole millions of dollars from him through fraudulent financial schemes. The district court granted de...

In re Complaint of Buchanan Marine, L.P.  
Date: October 27, 2017
Docket Number: 16-1092

Justia Opinion Summary: After claimant was injured while inspecting a moored barge, he filed claims against the barge company as his employer, the owner of the barge, and the operator of the rock processing facility, under the Jones Act, 46 U.S...

Dufort v. City of New York  
Date: October 27, 2017
Docket Number: 16-1715

Justia Opinion Summary: Plaintiff appealed the district court's grant of summary judgment to defendants on his claims under 42 U.S.C. 1983 and the Fourth and Fifth Amendments for false arrest, malicious prosecution, and violation of due process...

Yu v. Hasaki Restaurant, Inc.  
Date: October 23, 2017
Docket Number: 17-1067

Justia Opinion Summary: The Second Circuit granted leave to file a petition for 28 U.S.C. 1292(b) review. At issue was whether petitioners' notice of appeal, which was filed within ten days of the district court's order sought to be reviewed, w...