In RSS WFCM2018-C44 – NY LOD, LLC v. 1442 Lexington Operating DE LLC, No. 22-1 (2d Cir. Feb. 13, 2023), the Second Circuit holds in a matter of first impression for the circuit that a foreclosure order that also “refers the case to a magistrate judge to calculate the amount of the judgment of foreclosureContinue reading “Second Circuit Holds That Foreclosure Order That Defers Calculation of Judgment Is Not a Final Appealable Order”
Tag Archives: Second Circuit
Second Circuit Vacates Conviction Because the District Court Did Not Permit Adequate Inquiry Into Juror Anti-Gang Bias
In United States v. Nieves, No. 21-1901 (2d Cir. Jan. 26, 2023), the Second Circuit took the rare step of tossing a criminal conviction because “the district court abused its discretion by failing to take any of several possible steps that could have effectively screened prospective jurors for [anti-gang] bias.” Defendant Nieves was charged withContinue reading “Second Circuit Vacates Conviction Because the District Court Did Not Permit Adequate Inquiry Into Juror Anti-Gang Bias”
Split Second Circuit Panel Debates Judicial Deference to Prosecutorial Discretion to Dismiss a Prosecution That Has Already Been Tried to Verdict
In United States v. v. Blaszczak, No. 18-2811 (2d Cir. Dec. 28, 2022), the panelists disagree about whether a federal court owes deference to the Justice Department’s decision to abandon prosecution on a claim at the appeal stage. “This appeal returns to us on remand from the United States Supreme Court for further consideration, inContinue reading “Split Second Circuit Panel Debates Judicial Deference to Prosecutorial Discretion to Dismiss a Prosecution That Has Already Been Tried to Verdict”
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”
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