Second Circuit Holds That Federal Common Law Defeats State-Law Tort Suit For Production and Sale of Fossil Fuels

In City of New York v. Chevron Corp., No. 18-2188 (2d Cir. Apr. 1, 2021), the Second Circuit affirms a decision dismissing, on federal common law grounds, a tort action brought by New York City against five major international oil companies (Chevron, ConocoPhillips, ExxonMobil, Royal Dutch Shell, and BP, collectively “Producers”) for the harms causedContinue reading “Second Circuit Holds That Federal Common Law Defeats State-Law Tort Suit For Production and Sale of Fossil Fuels”

Second Circuit Reminds Courts That They Have Inherent Authority to Sanction Litigant for a Single Misrepresentation, Even If the Court Was Not Misled

In Int’l Techs. Mktg., Inc. v. Verint Sys., Ltd., No. 19-1031 (2d Cir. Mar. 16, 2021), the Second Circuit vacates and remands an order denying sanctions, reiterating that “a court need not wait until it is defrauded before it may impose monetary sanctions on a party who knowingly prosecutes a frivolous claim in bad faith.”Continue reading “Second Circuit Reminds Courts That They Have Inherent Authority to Sanction Litigant for a Single Misrepresentation, Even If the Court Was Not Misled”

Class Representative Who Won at Trial Can Still Appeal Class Decertification, Holds Second Circuit

In Jin v. Shanghai Original, Inc., No. 19-3782 (2d Cir. Mar. 9, 2021), the Second Circuit holds that although a prevailing party ordinarily does not have standing to appeal, a plaintiff who was also a class representative may nevertheless appeal the decertification of the class. Plaintiff Jin successfully moved to certify a Fed. R. Civ.Continue reading “Class Representative Who Won at Trial Can Still Appeal Class Decertification, Holds Second Circuit”

Second Circuit Holds That Rule 68 Offer of Judgment Was Unenforceable Because There Was No Meeting of the Minds on the Monetary Term

In Electra v. 59 Murray Enterprises, Inc., No. 19-235 (2d Cir. Feb. 9, 2021), the panel – while reviewing summary judgment in a New York Civil Rights Law §§ 50 and 51 action – holds that plaintiffs had not accepted a Fed. R. Civ. P. 68 offer of judgment because of an ambiguity in theContinue reading “Second Circuit Holds That Rule 68 Offer of Judgment Was Unenforceable Because There Was No Meeting of the Minds on the Monetary Term”

Second Circuit Weighs Competing Standards for Federal Officer Removal Under 28 U.S.C. § 1442, Finding Appellate Jurisdiction to Review Remand

In Razmzan v. United States, No. 19-227 (2d Cir. Jan. 26, 2021), the panel holds that removal of an action from state court under 28 U.S.C. § 1442, for federal officer or agent removal, was supported by the factual allegations and that the district court’s remand order could be reviewed on appeal under 28 U.S.C.Continue reading “Second Circuit Weighs Competing Standards for Federal Officer Removal Under 28 U.S.C. § 1442, Finding Appellate Jurisdiction to Review Remand”

County Clerk in New York Lacked Standing to Challenge State’s Driver’s License Access and Privacy Act on Preemption Grounds, Holds Second Circuit

In Kearns v. Cuomo, No. 19-3769 (2d Cir. Nov. 30, 2020), the Second Circuit holds that a county clerk failed to allege an Article III injury in a case that claimed a conflict between the demands of the federal Immigration and Nationality Act and a state law that restricts disclosure of data gathered from driver’sContinue reading “County Clerk in New York Lacked Standing to Challenge State’s Driver’s License Access and Privacy Act on Preemption Grounds, Holds Second Circuit”

$50 Fine for Raising A Ruckus in a Federal Courthouse Lobby Upheld by Second Circuit

In United States v. Wasylyshyn, No. 18-1344 (2d Cir. Nov. 3, 2020), the Second Circuit affirms a misdemeanor conviction for creating a “loud or unusual noise or a nuisance” in the courthouse, in violation of 41 C.F.R. § 102-74.390(a) (the “Noise Regulation”). Defendant Wasylyshyn arrived at the Federal Building and U.S. Courthouse in Binghamton, NewContinue reading “$50 Fine for Raising A Ruckus in a Federal Courthouse Lobby Upheld by Second Circuit”

Party’s Failure to Contemporaneously Object to District Court ‘s Violation of Fed. R. Civ. P. 6(b)(2) Forfeits Argument, Holds Second Circuit

In Legg v. Ulster Cnty., No. 17-2861 (2d Cir. Oct. 29, 2020), a Title VII and § 1983 sex harassment case, the Second Circuit holds that even though the district court improperly gave defendants an extension on their deadline to file post-judgment motions, the non-movant forfeited any objection by not raising the issue at theContinue reading “Party’s Failure to Contemporaneously Object to District Court ‘s Violation of Fed. R. Civ. P. 6(b)(2) Forfeits Argument, Holds Second Circuit”

Second Circuit Announces Stringent Standards for Administrative Closure of a Civil Case When a Plaintiff Is Unavailable

In Rodriguez v. Gusman, No. 19-2213 (2d Cir. Aug. 31, 2020), the Second Circuit holds that administrative closure of a civil case when a plaintiff is absent is “a last resort that is appropriate only when all other alternatives are virtually impossible or so impractical as to significantly interfere with the operations of the districtContinue reading “Second Circuit Announces Stringent Standards for Administrative Closure of a Civil Case When a Plaintiff Is Unavailable”

Judge Did Not Err in Recalling Jury When Courtroom Deputy Announced That They “Made a Mistake” on the Verdict Form, Second Circuit Holds

In Emamian v. Rockefeller Univ., No. 19-127 (2d Cir. Aug. 19, 2020), the Second Circuit upholds a jury verdict over the defendant’s objection that a discharged jury should not have been recalled to continue deliberations and submit a new verdict form. After a six-week jury trial of a race and national-origin discrimination claim under theContinue reading “Judge Did Not Err in Recalling Jury When Courtroom Deputy Announced That They “Made a Mistake” on the Verdict Form, Second Circuit Holds”