Martin Flumenbaum

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

December 27, 2023 | New York Law Journal

In Kravitz v. Purcell, the Second Circuit considered whether incarcerated plaintiffs must show a substantial burden on their religious beliefs to prevail on free exercise claims under U.S.C. 42 §1983.

By Martin Flumenbaum and Brad S. Karp

7 minute read

November 21, 2023 | New York Law Journal

In 'Krasner', the Second Circuit considered whether the securities-related exception to the federal jurisdiction conferred by CAFA prohibited removal to federal court of a class action alleging aiding and abetting the breach of fiduciary duties and tortious interference claims. This decision is another instance where the circuit has adopted an expansive interpretation of the exception.

By Martin Flumenbaum and Brad S. Karp

7 minute read

October 24, 2023 | New York Law Journal

This article discusses the Second Circuit's decision in 'Kerson v. Vermont Law School' and how it potentially paves the way for those in possession of controversial or disliked art to permanently conceal the art without violating the artists' rights under the Visual Artists Rights Act of 1990.

By Martin Flumenbaum and Brad S. Karp

6 minute read

September 26, 2023 | New York Law Journal

With the U.S. Supreme Court beginning its October Term 2023 in the coming weeks, we conduct our 39th 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

11 minute read

August 22, 2023 | New York Law Journal

This article addresses the Second Circuit's decision on whether Connecticut's repeal of religious exemptions from vaccination requirements for children to attend schools violated various constitutional rights. This decision will likely be an important precedent for policymakers considering similar bills in the wake of the public debate surrounding vaccination mandates in the post-COVID-19 world.

By Martin Flumenbaum and Brad S. Karp

6 minute read

July 27, 2023 | New York Law Journal

The Second Circuit decision is another decision in a line of recent decisions from circuit courts, including the Third, Fourth, Seventh, and District of Columba Circuit, denying petitions for review of FDA decisions regarding e-cigarette products.

By Martin Flumenbaum and Brad S. Karp

7 minute read

June 27, 2023 | New York Law Journal

In an unanimous opinion authored by Circuit Judge Richard Sullivan and joined by Circuit Judges Amalya Kearse and John Walker, the court determined the CFPB's funding structure was not constitutionally deficient under either doctrine.

By Martin Flumenbaum and Brad S. Karp

7 minute read

May 24, 2023 | New York Law Journal

In United States v. Lewis, the U.S. Court of Appeals for the Second Circuit addressed whether the Fourth Amendment's protections against unreasonable search and seizure extends to the warrantless search of a shared back porch of a multiunit dwelling.

By Martin Flumenbaum and Brad S. Karp

6 minute read

April 25, 2023 | New York Law Journal

In Rynasko v. New York University, 63 F.4th 186 (2nd Cir. 2023), the U.S. Court of Appeals for the Second Circuit potentially revived a putative class action against NYU seeking a partial refund of tuition fees due to NYU's response to the COVID pandemic.

By Martin Flumenbaum and Brad S. Karp

7 minute read