In SEC v. Romeril, No. 19-4197 (2d Cir. Sept. 27, 2021), the Second Circuit affirms a decision not to vacate a 2003 consent judgment between a corporate CFO and the Securities and Exchange Commission because the defendant “does not allege a defect that would permit relief under Rule 60(b)(4).” Rule 60(b)(4) authorizes courts to “relieveContinue reading “Second Circuit Rejects Attempt to Blow Up 16-Year-Old “Gag Order” Under Fed. R. Civ. P. 60(b)(4)”
Tag Archives: Second Circuit
Split Second Circuit Panel Holds That District Court Erred by Admitting “Opinion” Testimony that Defendant “Employed Countersurveillance Driving Techniques,” Ordering New Trial
In United States v. Cabrera, No. 19-3363 (2d Cir. Sept. 8, 2021), the panel majority holds that the jury in a criminal prosecution should not have heard officer testimony that the defendant, “unlike the ‘average drug dealer,’ appeared to be ‘experienced’ because he had employed countersurveillance driving techniques (which consisted of really bad driving).” TheContinue reading “Split Second Circuit Panel Holds That District Court Erred by Admitting “Opinion” Testimony that Defendant “Employed Countersurveillance Driving Techniques,” Ordering New Trial”
Split Second Circuit Panel Holds That Collateral Order Doctrine Allows Interlocutory Review of Order of Fugitive Disentitlement, Creating a Circuit Split
In United States v. Sindzingre, No.19-1698 (2d Cir. Aug. 5, 2021), a 2-1 panel decides both its appellate jurisdiction to review an interlocutory order under the fugitive disentitlement doctrine, disagreeing with the Sixth and Eleventh Circuits. The panel majority also holds that the district court erred in holding that the doctrine applied to “a foreignContinue reading “Split Second Circuit Panel Holds That Collateral Order Doctrine Allows Interlocutory Review of Order of Fugitive Disentitlement, Creating a Circuit Split”
Second Circuit Holds That Plaintiff’s Mental Disability Was Not “Excusable Neglect” For Extension Under Fed. R. App. P 4(a)(5)
In Alexander v. Saul, No. 19-3370 (2d Cir. July 8, 2021), the Second Circuit affirms a district court decision holding that plaintiff’s post-traumatic stress disorder, bipolar disorder, and opioid use disorder was not “excusable neglect” to justify an extension of time to file a notice of appeal, in a case where plaintiff failed to keepContinue reading “Second Circuit Holds That Plaintiff’s Mental Disability Was Not “Excusable Neglect” For Extension Under Fed. R. App. P 4(a)(5)”
Second Circuit Holds That State Statutory Law Can Create Legally Protected Interests That Support Article III Standing
In Maddox v. Bank of N.Y. Mellon Tr. Co., No. 19-1774 (2d Cir. May 10, 2021), a split panel holds that statutory damages under New York’s mortgage-satisfaction-recording statutes support Article III standing. New York’s mortgage-satisfaction-recording statutes, N.Y. Real P. Law (“R.P.L.”) § 275, N.Y. Real P. Actions & Proc. L. (“R.P.A.P.L.”) § 1921, provides anContinue reading “Second Circuit Holds That State Statutory Law Can Create Legally Protected Interests That Support Article III Standing”
Second Circuit Holds That the Costs of “Proactive Measures” to Avoid Identity Theft Is Not an Actual Injury for Title III Purposes
In McMorris v. Carlos Lopez & Assocs., LLC, No. 19-4310 (2d Cir. Apr. 27, 2021), the Second Circuit holds that state-law claims for an intraoffice data leak may constitute an “actual injury” for Article III standing purposes, though in this case plaintiffs factually failed to allege an injury for taking “proactive measures.” Defendant CLA “providesContinue reading “Second Circuit Holds That the Costs of “Proactive Measures” to Avoid Identity Theft Is Not an Actual Injury for Title III Purposes”
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”
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