Brad S Karp

May 24, 2022 | New York Law Journal

The court in 'Cornelio' emphasized that it is the government's burden to demonstrate that a challenged law furthers important governmental interests, that it is narrowly tailored, and warned district courts not to supply a justification that the government fails to provide.

By Martin Flumenbaum and Brad S. Karp

7 minute read

April 26, 2022 | New York Law Journal

The Second Circuit has issued a strong reminder to agencies that the APA sets forth a high legal and procedural standard with which the agencies' immigration decisions must comport.

By Martin Flumenbaum and Brad S. Karp

8 minute read

March 22, 2022 | New York Law Journal

Under Second Circuit rule, the court may certify an open question of state law to the state court of last resort. 'Khan v. Yale University' concerned the scope of Connecticut's quasi-judicial immunity doctrine. 'Ferreiras Veloz v. Garland' concerned the scope of New York's petit larceny offense. In each case, the panel faced state-law questions sufficiently uncertain to warrant use of the certification process. The panels' approaches to certification, however, diverged widely.

By Martin Flumenbaum and Brad S. Karp

9 minute read

February 22, 2022 | New York Law Journal

In this edition of their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'United States v. Bescond', a case that concerns the ability of foreign defendants to seek relief from U.S. indictments.

By Martin Flumenbaum and Brad S. Karp

8 minute read

January 25, 2022 | New York Law Journal

In their Second Circuit Review column, Martin Flumenbaum and Brad Karp discuss two recent appeals concerning standing of plaintiffs to seek recovery under the Clayton Act for antitrust violations: 'In re Am. Express Anti-Steering Rules Antitrust Litig.' and 'Schwab Short-Term Bond Market Fund v. Lloyds Banking Group.' They write: "These two decisions illustrate the hurdles plaintiffs face in establishing that they are 'efficient enforcers', and in particular, how important it is that plaintiffs are able to prove that specific defendants proximately caused their harm."

By Martin Flumenbaum and Brad S. Karp

8 minute read

December 21, 2021 | New York Law Journal

In this edition of their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss a recent decision that provides substantial guidance to state agencies and district courts on a critical issue of first impression arising from the COVID-19 mandate. The court's guidance is particularly significant given the complexity of the constitutional issues at play.

By Martin Flumenbaum and Brad S. Karp

8 minute read

November 23, 2021 | New York Law Journal

In this edition of their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss a recent decision that a district court had subject-matter jurisdiction over the criminal prosecution of a bank that was majority-owned by the Turkish government notwithstanding the Foreign Sovereign Immunities Act.

By Martin Flumenbaum and Brad S. Karp

8 minute read

October 26, 2021 | New York Law Journal

In this edition of their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss cases in which the Second Circuit—in assessing whether claims are moot where the challenged conduct has ceased—focused on whether the challenged conduct is nevertheless likely to recur.

By Martin Flumenbaum and Brad S. Karp

7 minute read

September 21, 2021 | New York Law Journal

In this edition of their Second Circuit Review, Martin Flumenbaum and Brad S. Karp conduct their 37th annual review of the performance of the U.S. Court of Appeals for the Second Circuit in the Supreme Court during the past term.

By Martin Flumenbaum and Brad S. Karp

7 minute read

August 24, 2021 | New York Law Journal

In this month's Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss a unanimous decision in which the Second Circuit held that parole officers' searches of parolees are governed by the "special needs" exception to the Fourth Amendment's default requirement that a law enforcement-related search be conducted pursuant to a showing of probable cause and a warrant.

By Martin Flumenbaum and Brad S. Karp

9 minute read