Martin Flumenbaum

January 29, 2019 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss how Second Circuit has generally taken the position that the use of handcuffs during 'Terry' stops converts the stop into an arrest, thereby triggering Miranda rights. That is, until its recent decision in 'U.S. v. Fiseku.'

By Martin Flumenbaum and Brad S. Karp

8 minute read

December 27, 2018 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss a recent decision which clarifies and limits the extent to which unaccepted settlement offers might moot named plaintiffs' claims, and makes it considerably more difficult for class action defendants to successfully deploy this strategy.

By Martin Flumenbaum and Brad S. Karp

9 minute read

November 27, 2018 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: In September, the Second Circuit decided that the Armed Career Criminal Act's (ACCA) §924(c)(3)(B) “risk-of-force clause,” which defines “crime of violence” for the purposes of the ACCA's firearms-related sentencing enhancements, is still constitutional despite the Supreme Court's recent 'Johnson' and 'Dimaya' decisions, two cases that struck down similar provisions as unconstitutionally vague.

By Martin Flumenbaum and Brad S. Karp

9 minute read

October 23, 2018 | New York Law Journal

In their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp write: When a plaintiff loses her individual stake in litigation through a transaction or intervening event, should her case be dismissed as moot or may the court retain jurisdiction to consider plaintiff substitution under Rule 17(a)(3) to avoid dismissal? As it turns out, the answer is “it depends.”

By Martin Flumenbaum and Brad S. Karp

9 minute read

September 24, 2018 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp conduct their 34th annual review of the performance of the U.S. Court of Appeals for the Second Circuit over the past Supreme Court term, and briefly discuss the court's decisions scheduled for review during the upcoming term.

By Martin Flumenbaum and Brad S. Karp

11 minute read

August 21, 2018 | New York Law Journal

In their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp explain that the Second Circuit has now made clear that, for purposes of class action certification, named plaintiffs only need standing for their own claims.

By Martin Flumenbaum and Brad S. Karp

7 minute read

July 24, 2018 | New York Law Journal

While neutrality is considered the touchstone of dispute resolution, it is not difficult for advocates to think there might be benefits to having judges with deep connections to the parties or their respective industries.

By Martin Flumenbaum and Brad S. Karp

2 minute read

June 26, 2018 | New York Law Journal

The main doctrinal source of the modern federal sentencing regime is United States v. Booker, 543 U.S. 220 (2005). The U.S. Supreme Court in Booker famously ruled that the U.S. Sentencing Guidelines, which had been binding, must be advisory to be constitutional.

By Martin Flumenbaum and Brad S. Karp

2 minute read

June 15, 2018 | New York Law Journal

In their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp look at the recent decision holding that one frivolous, fraudulent or baseless lawsuit cannot constitute a viable RICO predicate act of racketeering activity.

By Martin Flumenbaum and Brad S. Karp

2 minute read

April 26, 2018 | New York Law Journal

In their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp discuss recent cases where certification was requested.

By Martin Flumenbaum and Brad S. Karp

7 minute read