The Second Circuit in the Supreme Court
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: Five of the U.S. Supreme Court's 71 merits decisions (resulting in 69 written opinions) last term arose out of the Second Circuit. One was affirmed and four were reversed or vacated, resulting in an 80 percent reversal rate.
September 26, 2017 at 02:05 PM
10 minute read
With the U.S. Supreme Court beginning its October 2017 term next month, we conduct our 33rd annual review of the performance of the U.S. Court of Appeals for the Second Circuit over the past term, and briefly discuss the court's decisions scheduled for review during the upcoming term.
The Supreme Court gained an additional justice last term, with Justice Neil Gorsuch winning Senate confirmation to fill the seat of late Justice Antonin Scalia. Notwithstanding the changed makeup of the court, the term was marked by an unusual number of unanimous decisions: 41 out of 69 opinions (59 percent) were decided 9-0, the highest number since the October 2013 Term. See Kedar S. Bhatia, “Stat Pack for October Term 2016,” SCOTUSBLOG 5, 15-16 (June 28, 2017).
Five of the court's 71 merits decisions (resulting in 69 written opinions) arose out of the Second Circuit. One was affirmed and four were reversed or vacated, resulting in an 80 percent reversal rate. Yet the Second Circuit was far from the most-reversed circuit last term: seven circuits had reversal rates between 86 and 100 percent. The accompanying table compares the Second Circuit's performance during the 2016 Term to those of its sister circuits.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Trump Picks Personal Criminal Defense Lawyers for Solicitor General, Deputy Attorney General
'A Regressive Institution': SDNY Judge Rakoff Delivers Pointed Remarks on SCOTUS in Recent Appearance
2 minute read
'We Learn Much From the Court's Mistakes': Law Journal Review of 'The Worst Supreme Court Decisions, Ever!'
6 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
