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
Teamsters Local 404 Health Services & Insurance Plan v. King Pharmaceuticals, Inc.  
Date: October 16, 2018
Docket Number: 16-791

Justia Opinion Summary: The Second Circuit held that a petition filed in New York Supreme Court under N.Y. C.P.L.R. 3102(c) was not a "civil action" removable to federal court under 28 U.S.C. 1441, 1446. The court affirmed the district court's...

Illarramendi v. United States  
Date: October 16, 2018
Docket Number: 18-35

Justia Opinion Summary: The Second Circuit affirmed the district court's denial of petitioner's motions for supervised release or bail pending resolution of his motion to vacate his sentence under 28 U.S.C. 2255. The court held that a certifica...

United States v. Katsman  
Date: October 10, 2018
Docket Number: 16-2583

Justia Opinion Summary: The Second Circuit affirmed the district court's denial of the government's motion under Federal Rules of Criminal Procedure 35 for a reduction in sentence. The court held that the district court applied the proper two-s...

Ronnie Van Zant, Inc. v. Cleopatra Records, Inc.  
Date: October 10, 2018
Docket Number: 17-2849

Justia Opinion Summary: A 1988 consent order settled a suit brought by plaintiff against past and then present members of the rock band known as Lynyrd Skynyrd, seeking to clarify each party's rights with respect to the use of the name "Lynyrd...

United States v. Demott  
Date: October 9, 2018
Docket Number: 13-3410

Justia Opinion Summary: The Controlled Substance Analogue Enforcement Act of 1986 was not unconstitutionally vague as applied to defendants' charges of conspiracy to deal in "controlled substance analogues." The Second Circuit held that the evi...

United States v. Fiseku  
Date: October 4, 2018
Docket Number: 17-1222

Justia Opinion Summary: Defendant appealed his conviction of conspiracy to commit Hobbs Act robbery. The Second Circuit affirmed the district court's denial of defendant's motion to suppress physical evidence recovered during an investigatory s...

Klein v. Cadian Capital Management, LP  
Date: October 2, 2018
Docket Number: 17-3218

Justia Opinion Summary: Plaintiff brought a derivative action as a shareholder of Qlik, alleging that the Cadian Group owned more than ten percent of Qlik and engaged in short-term swing transactions in violation of Section 16(b) of the Securit...

Tapia v. Blch 3rd Ave LLC  
Date: October 1, 2018
Docket Number: 17-2718

Justia Opinion Summary: Plaintiffs, former employees of a Manhattan restaurant, filed suit against BLCH, the restaurant owner and operator, alleging violations of the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). Although t...

COOLING WATER INTAKE STRUCTURE COAL., ET AL. V. EPA, ET AL.
Date: September 27, 2018
Docket Number: 14-4645
Coalition for Competitive Electricity v. Zibelman  
Date: September 27, 2018
Docket Number: 17-2654

Justia Opinion Summary: A group of electrical generators and trade groups of electrical generators challenged the constitutionality of New York's Zero Emissions Credit (ZEC) program. The ZEC program subsidizes qualifying nuclear power plants wi...

Estate of Andrew J. McKelvey v. Commissioner  
Date: September 26, 2018
Docket Number: 17-2554

Justia Opinion Summary: The Second Circuit reversed the tax court's decision rejecting the Commissioner's claim that the Estate of Andrew J. McKelvey owed $41 million in taxes with respect to McKelvey's 2008 income tax return for omitting what...

Pangea Capital Management, LLC v. Lakian  
Date: September 26, 2018
Docket Number: 17-3209

Justia Opinion Summary: Pangea challenged the district court's order granting in part and denying in part the company's motion for writ of execution upon the proceeds from the sale of a property previously owned by appellees. The Second Circuit...

United States v. Hoskins  
Date: September 26, 2018
Docket Number: 17-70

Justia Opinion Summary: The Second Circuit vacated the district court's grant of defendant's 28 U.S.C. 2255 motion and resentence to a lesser term of imprisonment than was initially imposed. The court held that defendant failed to meet his heav...

Utica Mutual Insurance Co. v. Clearwater Insurance Co.  
Date: September 25, 2018
Docket Number: 16-2535

Justia Opinion Summary: Utica and Clearwater appealed from the district court's summary judgment orders regarding Clearwater's obligations to Utica under five facultative reinsurance policies. The Second Circuit held that Clearwater's liability...

United States v. Lobo  
Date: September 20, 2018
Docket Number: 17-2894

Justia Opinion Summary: The Second Circuit affirmed defendant's 288 month sentence after he pleaded guilty for conspiracy to manufacture and distribute, and to import into the United States, five or more kilograms of cocaine. The court held pri...