Second Circuit

The Second Circuit ruled that wild fish are not 'property' under the False Claims Act, dismissing a $2 billion lawsuit against Cooke Seafood and Omega Protein. The case alleged the companies used a sham company to illegally harvest fish in U.S. waters, but the court affirmed that the government's regulatory authority over wild fish does not equate to ownership.

Attorneys for President Donald Trump filed a Supreme Court petition to overturn the $83.3 million defamation judgment against him from E. Jean Carroll, arguing it is the first case holding a president liable for conduct in office and citing presidential immunity. The petition challenges the Second Circuit's refusal to apply immunity to Trump's White House statements denying misconduct allegations. Previous court decisions had ordered Trump to pay $5 million and later $83.3 million in damages.

The Second Circuit reinstated racial hatred as an aggravating factor in the federal death penalty trial of Payton Gendron, who killed 10 Black people at a Buffalo supermarket in 2022. The court rejected Gendron’s First Amendment defense, allowing jurors to consider racially motivated killings and attempts to incite violence.

The Second Circuit ruled that Mohsen Mahdawi, a pro-Palestinian activist and legal permanent resident, was wrongly released from ICE custody after a lower court granted his habeas petition. The appellate panel determined the district court lacked jurisdiction to address Mahdawi’s First Amendment claims against his detention and removal, vacating the lower court’s decision.

President Donald Trump has paid $5.6 million, including interest, to writer E. Jean Carroll after appellate courts upheld a jury's 2023 verdict finding him liable for battery and defamation. Judge Lewis Kaplan ruled Trump must pay the judgment after he failed to secure an emergency stay following Supreme Court and Second Circuit rejections of his appeals.

New York City landlords, real estate brokers, and industry groups lost an appeal challenging the Fairness in Apartment Rental Expenses Act, which prohibits landlords from passing broker fees to tenants. A three-judge panel affirmed a lower court’s ruling, stating the law addresses housing affordability and does not unconstitutionally restrict speech. The Real Estate Board of New York remains committed to challenging the law, citing reduced transparency and rising rents.

The Second Circuit upheld a lower court's injunction blocking Nielsen from requiring radio stations to purchase local ratings data alongside national data, ruling the policy was anticompetitive and coercive. The decision affirmed that Nielsen's actions harmed Cumulus Media, a radio station owner, by limiting its ability to buy data from competitors.

The Second Circuit Court rejected Orange and Rockland Counties' lawsuit challenging New York City's congestion pricing program, affirming that the toll does not unconstitutionally restrict the right to travel or constitute an unauthorized state tax. The program, which charges $9 for passenger cars in Manhattan's central business district during peak hours, aims to reduce traffic congestion and fund transit infrastructure.

Kalshi filed an appeal with the Second Circuit after a New York federal judge denied its request to block state gambling officials from enforcing local laws against its sports event contracts. The company sought to prevent enforcement of state gambling regulations on its operations.

The U.S. Supreme Court reinstated Pedro Hernandez’s murder conviction for the 1979 disappearance of Etan Patz in a 6-3 decision, rejecting a federal appeals court’s earlier reversal due to concerns over trial procedures and Hernandez’s mental state during confession. The court ruled the appeals court overstepped its authority, allowing Manhattan District Attorney Alvin Bragg to proceed with plans to retry Hernandez.

The U.S. Supreme Court reversed a federal appeals court decision that allowed Pedro Hernandez's release after his 1979 conviction for murdering a 6-year-old boy in New York. The court ruled the Second Circuit improperly nullified Hernandez's conviction by applying the Missouri v. Seibert standard to jury instructions, stating the 2004 case did not require jury assessments of confession legality and that the Antiterrorism and Effective Death Penalty Act of 1996 limited federal habeas relief.