Martin Flumenbaum

October 30, 2024 | New York Law Journal

"the U.S. Court of Appeals for the Second Circuit addressed when a state can establish standing pursuant to the parens patriae doctrine, and, in particular, the contours of the requirement that a state show that there has been an injury to a substantial segment of the state's population."

By By: MARTIN FLUMENBAUM, BRAD S. KARP and ALEXI POLDEN

6 minute read

September 25, 2024 | New York Law Journal

With the U.S. Supreme Court beginning its October Term 2024 in the coming weeks, we conduct our 40th 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

8 minute read

August 29, 2024 | New York Law Journal

"The Second Circuit's holding that state domicile is relevant to the diversity jurisdiction analysis in cases involving an unincorporated association with permanent resident members resolves a disagreement among district courts on this question," write Martin Flumenbaum and Brad S. Karp.

By Martin Flumenbaum and Brad S. Karp

8 minute read

July 29, 2024 | New York Law Journal

"Going forward, it will behoove asylum applicants and their counsel to present evidence of these aggravating circumstances when seeking asylum," write Paul Weiss' Martin Flumenbaum and Brad S. Karp.

By Martin Flumenbaum and Brad S. Karp

8 minute read

June 25, 2024 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss Fuld v. PLO, which "reexamines the contours of consent-based personal jurisdiction and deepens the debate over whether the Fifth and Fourteenth Amendments impose different due process limits."

By Martin Flumenbaum and Brad S. Karp

8 minute read

May 21, 2024 | New York Law Journal

In 'Brinkmann v. Town of Southold', the Second Circuit addressed whether compensated takings for public use may be challenged as the product of bad-faith or pretextual motives under the Takings Clause of the Fifth Amendment to the U.S. Constitution.

By Martin Flumenbaum and Brad S. Karp

8 minute read

April 26, 2024 | New York Law Journal

In 'Citizens United to Protect Our Neighborhoods, et al., v. Village of Chestnut Ridge', the Second Circuit considered whether the district court properly dismissed plaintiffs' complaint for lack of subject matter jurisdiction on the basis that plaintiffs lacked constitutional standing.

By Martin Flumenbaum and Brad S. Karp

8 minute read

March 27, 2024 | New York Law Journal

In 'Behrens v. JPMorgan Chase Bank N.A.', the Second Circuit addressed a question of first impression in the circuit: whether a district court is required to exercise subject-matter jurisdiction where it exists, even if it is invoked belatedly.

By Martin Flumenbaum and Brad S. Karp

8 minute read

February 27, 2024 | New York Law Journal

In 'The Resource Group International v. Chishti', the Second Circuit considered the propriety of a pending arbitration and whether being improperly forced to arbitrate can satisfy the requirements for a preliminary injunction. It vacated and remanded the district court's order denying a motion for preliminary injunction that would have stayed the arbitration.

By Martin Flumenbaum and Brad S. Karp

8 minute read

January 30, 2024 | New York Law Journal

The Second Circuit, in a rare en banc ruling, unanimously held that plaintiffs alleging discriminatory treatment in violation of Title IX had sufficiently alleged an injury-in-fact for standing purposes. But the court diverged on a number of other standing issues. The splintered nature of the court's opinions illustrates the underlying tension between ensuring access to courts and enforcing appropriate limitations on judicial power.

By Martin Flumenbaum and Brad S. Karp

8 minute read