Second Circuit Dismisses Pseudonymously Filed Appeal as Violation of Fed. R. App. P. 32(d)

In Publicola v. Lomenzo,  No. 22-795 (2d Cir. Nov. 29, 2022), the Second Circuit publishes an order dismissing an appeal after the plaintiff-appellant violated an order to file their appeal under their real name. “In December 2021, Appellant commenced this action under 42 U.S.C. § 1983 against the Town of Penfield, the NYSLRB, current andContinue reading “Second Circuit Dismisses Pseudonymously Filed Appeal as Violation of Fed. R. App. P. 32(d)”

Plaintiffs Waited Too Long to Appeal Post-Judgment Formula for Calculating Interest, Holds Second Circuit

In Amara v. Cigna Corp., No. 20-202 (2d Cir. Nov. 10, 2022), reviewing post-judgment orders in a long-running class action under the Employee Retirement Income Security Act (ERISA), the Second Circuit holds that it has no jurisdiction over the plaintiff-class’s challenge to the district court’s orders setting the formula for calculating interest because the noticeContinue reading “Plaintiffs Waited Too Long to Appeal Post-Judgment Formula for Calculating Interest, Holds Second Circuit”

Courthouse Furor Over the COVID Pandemic Did Not Warrant New Trial for Damages, Holds Second Circuit

In ABKCO Music, Inc. v. Sagan, No. 20-3816 (2d Cir. Oct. 6, 2022), the Second Circuit reviews cross-appeals from a jury trial of a Copyright Act case. Among the issues presented was whether the jury deliberation, taking place against the backdrop of the COVID lockdown, was unfairly rushed. The defendant William Sagan owned a troveContinue reading “Courthouse Furor Over the COVID Pandemic Did Not Warrant New Trial for Damages, Holds Second Circuit”

District Court Order Denying Dismissal of an Action Based on the “Church Autonomy Doctrine” Not Subject to Appellate Review Under Collateral Order Doctrine, Holds Second Circuit

In Belya v. Kapral, No.21-1498 (2d Cir. Sept. 16, 2022), the Second Circuit holds that it has no appellate jurisdiction over interlocutory orders allowing a defamation action to go forward despite the invocation of the “church autonomy doctrine.” Plaintiff “Belya sued defendants-appellants — individuals and entities affiliated with the Russian Orthodox Church Outside Russia (‘ROCOR’Continue reading “District Court Order Denying Dismissal of an Action Based on the “Church Autonomy Doctrine” Not Subject to Appellate Review Under Collateral Order Doctrine, Holds Second Circuit”

District Court Erred by Deciding Motion to Dismiss on Letter Submissions Without Warning to Parties, Second Circuit Holds

In Int’l Code Council v. UpCodes, No. 21-826 (2d Cir. July 29, 2022), a Second Circuit panel criticizes the practice of a district court judge who rules on dispositive motions based on cross-letter submissions by the parties. “International Code Council, Inc. (‘ICC’), a nonprofit organization that develops model building codes and standards, sued a for-profitContinue reading “District Court Erred by Deciding Motion to Dismiss on Letter Submissions Without Warning to Parties, Second Circuit Holds”

Split Second Circuit Panel Upholds Federal Judicial Power to Appoint Special Prosecutor Under Fed. R. Crim. P. 42(a) to Press Criminal Contempt

In United States v. Donziger, No. 21-2486 (2d Cir. June 23, 2022), a 2-1 panel majority turns back constitutional challenges to the district court’s power under the Appointments Clause, U.S. Const. art. II, § 2, cl. 2, and Fed. R. Crim. P. 42(a) to appoint special prosecutors in a criminal contempt case. The appeal arisesContinue reading “Split Second Circuit Panel Upholds Federal Judicial Power to Appoint Special Prosecutor Under Fed. R. Crim. P. 42(a) to Press Criminal Contempt”

Plaintiffs’ “Mad-Libs-Style Complaints” Alleging Americans with Disabilities Act Violations Lacked Plausible Grounds for Article III Standing, Holds Split Second Circuit Panel

In Calcano v. Swarovski N.A. Ltd., No. 20-1552 (2d Cir. June 2, 2022), a 2-1 panel of the Second Circuit holds—in a case involving four blind plaintiffs—that a template complaint used by a law firm in scores of ADA public-accommodation cases that it filed lacked enough in the way of facts to plausibly allege anContinue reading “Plaintiffs’ “Mad-Libs-Style Complaints” Alleging Americans with Disabilities Act Violations Lacked Plausible Grounds for Article III Standing, Holds Split Second Circuit Panel”

Second Circuit Holds That Younger Abstention Does Not Apply to State Probate Court Order Concerning the Validity of a Lien

In Cavanaugh v. Geballe, No.21-571 (2d Cir. Mar. 17, 2022), the Second Circuit holds that the district court erred by abstaining under the doctrine established in Younger v. Harris, 401 U.S. 37 (1971), from hearing a due process challenge to a statutory lien on plaintiff’s inheritance and grandmother’s estate. The panel holds that a stateContinue reading “Second Circuit Holds That Younger Abstention Does Not Apply to State Probate Court Order Concerning the Validity of a Lien”

Second Circuit Holds That Under Hanna v. Plumer, Federal Rather Than State Expert Witness Rules Apply in Diversity Tort Case

In Sarkees v. E. I. DuPont de Nemours and Co., No. 20-3170 (2d Cir. Oct. 6, 2021), the Second Circuit reverses summary judgment in negligence, strict products liability, and loss of consortium action on the ground that the district court erroneously excluded the plaintiff’s expert witness by applying state-law admissibility rules rather than the FederalContinue reading “Second Circuit Holds That Under Hanna v. Plumer, Federal Rather Than State Expert Witness Rules Apply in Diversity Tort Case”

Second Circuit Holds That States Have Standing to Challenge Cap on SALT Tax Deduction Because of Lost Local Tax Revenue

In New York v. Yellen, No. 19-3962 (2d Cir. Oct. 5, 2021), the Second Circuit holds that four states had standing to challenge the $10,000 cap on the federal income tax deduction for money paid in state and local taxes (SALT) because of the impact on local real estate sales and consequent lost tax revenue.Continue reading “Second Circuit Holds That States Have Standing to Challenge Cap on SALT Tax Deduction Because of Lost Local Tax Revenue”