2nd Cir.

United States Court of Appeals for the Second Circuit

Every decision we've summarized from United States Court of Appeals for the Second Circuit.

Sep 17 2024
21-1381 Panel Decision

American Girl, LLC v. Zembrka

The Second Circuit reversed a district court dismissal, holding that a foreign defendant transacted business in New York by accepting online orders from New York residents, even without physical shipment. The court clarified that New York's long-arm statute requires a transaction, not a completed delivery, to establish personal jurisdiction over interactive websites.

Sep 11 2024
23-992 Panel Decision

Malek v. Feigenbaum

The Second Circuit dismissed an appeal for lack of jurisdiction because the appellant failed to file a motion for reconsideration within the strict deadlines set by federal rules. The court clarified that merely serving a motion on opposing parties does not toll the appeal clock, and that the relevant rule is a mandatory claim-processing rule immune from equitable tolling.

Sep 11 2024
23-229 Panel Decision

Hyunhuy Nam v. Permanent Mission of the Republic of Korea to the United Nations

The Second Circuit vacated a district court ruling that denied sovereign immunity to a foreign state's UN mission, holding that the employment of a non-diplomatic chauffeur for high-ranking officials may constitute a sovereign function rather than commercial activity. The appellate court found the lower court erred by shifting the burden of proof and failing to conduct a nuanced examination of the specific context surrounding the driver's duties.

Sep 4 2024
23-1260 Panel Decision

Hachette Book Group, Inc. v. Internet Archive

The Second Circuit affirmed summary judgment for four major book publishers, ruling that Internet Archive's practice of scanning and lending entire copyrighted books violates the Copyright Act. The court held that this digital lending program fails the fair use test because it is not transformative and usurps the publishers' market for licensed eBooks.

Sep 3 2024
23-1342 Panel Decision

In re Terrorist Attacks on September 11, 2001 In the United States Court of Appeals For the Second Circuit

The Second Circuit dismissed the Republic of Sudan's interlocutory appeal, holding that the Foreign Sovereign Immunities Act's state-sponsored terrorism exception bars immediate appeals under the collateral-order doctrine. Sudan must now await a final judgment in the district court before challenging its immunity status.

Sep 3 2024
23-1300 Panel Decision

In re Terrorist Attacks on September 11, 2001

The Second Circuit dismissed the Republic of Sudan's interlocutory appeal, holding that the Foreign Sovereign Immunities Act's state-sponsored terrorism exception bars immediate appeals under the collateral-order doctrine. Sudan must wait for a final judgment in the underlying litigation before it can challenge the district court's denial of sovereign immunity.