In Smart Study Co., LTD v. Shenzhenshixindajixieyouxiangongsi, No. 24-313 (2d Cir. Dec. 18, 2025), the Second Circuit holds in a matter of first impression that e-mail service on a foreign defendant violates the Hague Service Convention and cannot be supported by Fed. R. Civ. P. 4(f). The Convention on Service Abroad of Judicial and ExtrajudicialContinue reading “Neither Fed. R. Civ. P. 4(f) Nor Hague Service Convention Authorize International Service of Process by E-Mail, Holds Second Circuit”
Tag Archives: Second Circuit
Second Circuit Overrules Clear-Error Standard Sometimes Used by District Courts to Review Report and Recommendations by Federal Magistrate Judges Under Fed. R. Civ. P. 72(b)
In Nambiar v. The Central Orthopedic Group, LLP, No. 24-1103 (2d Cir. Oct. 28, 2025), the Second Circuit disaffirmed the clear-error standard of review applied by some district courts in the circuit to review Report and Recommendations (“R&R”) issued by federal magistrate judges. The panel holds that any portion of an R&R to which aContinue reading “Second Circuit Overrules Clear-Error Standard Sometimes Used by District Courts to Review Report and Recommendations by Federal Magistrate Judges Under Fed. R. Civ. P. 72(b)”
Split Second Circuit Panel Affirms Attorney Fee Sanction Under 28 U.S.C. § 1447(c) Under “Unusual Circumstances,” Where Defendant Continued to Resist a Motion to Remand on Grounds That Federal Courts Widely Rejected After the Original Removal
In The City of New York v. Exxon Mobil Corp., No. 24-1568 (2d Cir. Oct. 3, 2025), a 2-1 panel holds that Exxon could be sanctioned under 28 U.S.C. § 1447(c) for pressing the same grounds for removal that eight U.S. Courts of Appeals had rejected after the original removal. The dissent would hold thatContinue reading “Split Second Circuit Panel Affirms Attorney Fee Sanction Under 28 U.S.C. § 1447(c) Under “Unusual Circumstances,” Where Defendant Continued to Resist a Motion to Remand on Grounds That Federal Courts Widely Rejected After the Original Removal”
Second Circuit Considers What It Means to “Ratify” Action Under Fed. R. Civ. P. 17(a)(3)
In Ripple Analytics Inc. v. People Center, Inc., No. 24-490 (2d Cir. Aug. 26, 2025), the Second Circuit holds that a putative real party in interest did not sufficiently ratify an action to prevent its dismissal under Fed. R. Civ. P. 17(a)(3). The general rule under the federal rules is that “[a]n action must beContinue reading “Second Circuit Considers What It Means to “Ratify” Action Under Fed. R. Civ. P. 17(a)(3)”
Second Circuit Has “Serious Doubts” as to Whether Federal Claim Preclusion “Can Ever Be Used Offensively to Compel a Judgment”
In Thermal Surgical, LLC v. Brown, No. 24-127 (2d Cir. Aug. 8, 2025), the Second Circuit expresses “serious doubts as to whether [federal claim] preclusion can ever be used offensively to compel a judgment rather than resist a claim,” though it winds up vacating and remanding the decision here on other grounds. Plaintiff Thermal SurgicalContinue reading “Second Circuit Has “Serious Doubts” as to Whether Federal Claim Preclusion “Can Ever Be Used Offensively to Compel a Judgment””
Second Circuit Clarifies Standards for Entry of Sanctions Under Fed. R. Civ. P. 37(e)(2), Noting a Possible Conflict with the Fifth Circuit
In Hoffer v. Tellone, No. 22-1377 (2d Cir. Feb. 13, 2025), the Second Circuit disaffirms the use of a “culpable state of mind” standard to impose discovery sanctions under Fed. R. Civ. P. 37(e)(2), requiring a specific “intent to deprive” standard, though it also reduces the burden of proof to preponderance of the evidence. TheContinue reading “Second Circuit Clarifies Standards for Entry of Sanctions Under Fed. R. Civ. P. 37(e)(2), Noting a Possible Conflict with the Fifth Circuit”
Attachment or Reference to an Exhibit in a Complaint Does Not Automatically Mean That a District Court May Consider It on a Rule 12(b)(6) Motion, Holds Second Circuit
In Pearson v. Gesner, No. 22-1227 (2d Cir. Jan. 13, 2025), the Second Circuit vacates and remands case where the district court erroneously considered materials outside the complaint. Even where a document is relied upon or cited in a complaint, the panel holds, it may not be appropriate in context to consider its contents. PlaintiffContinue reading “Attachment or Reference to an Exhibit in a Complaint Does Not Automatically Mean That a District Court May Consider It on a Rule 12(b)(6) Motion, Holds Second Circuit”
State Need Not Allege A “Policy or Practice” Violation Against a Class of Citizens to Have Parens Patriae Standing in Federal Court, Second Circuit Holds
In New York v. Niagara-Wheatfield Central Sch. Dist., No. 22-2178 (2d Cir. Oct. 15, 2024), the Second Circuit reverses a Fed. R. Civ. P. 12(c) judgment on the pleadings, holding that the State of New York pled sufficient grounds for parens patriae standing without alleging a policy-or-practice violation against a target population of state residents.Continue reading “State Need Not Allege A “Policy or Practice” Violation Against a Class of Citizens to Have Parens Patriae Standing in Federal Court, Second Circuit Holds”
Corporation Counsel of the City of New York Draws A Rebuke from the Second Circuit for Waiting Two Years to Raise Jurisdictional Standing Issue
In Bochner v. City of New York, No. 23-683 (2d Cir. Oct. 7, 2024), while adopting the city defendants’ argument that the plaintiffs lacked jurisdictional standing, the Second Circuit twits the city’s corporation counsel for waiting two years to raise the issue and—for “failure to exercise reasonable diligence in identifying and raising jurisdictional questions earlyContinue reading “Corporation Counsel of the City of New York Draws A Rebuke from the Second Circuit for Waiting Two Years to Raise Jurisdictional Standing Issue”
Second Circuit Holds That Late Filing Under Fed. R. App. P. 4(a)(4)(A) Is Not Subject to Equitable Exceptions, Overruling Prior Circuit Authority
In Malek v. Feigenbaum, No. 23-992 (2d Cir. Sept. 11, 2024), the Second Circuit dismisses an appeal filed belatedly under Fed. R. App. P. 4(a)(4)(A), and further holds under the intervening authority of Nutraceutical Corp. v. Lambert, 586 U.S. 188 (2019), negates prior circuit authority that might have recognized equitable exceptions to the 30-day deadline.Continue reading “Second Circuit Holds That Late Filing Under Fed. R. App. P. 4(a)(4)(A) Is Not Subject to Equitable Exceptions, Overruling Prior Circuit Authority”
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