Litigation of counsel Martin Flumenbaum and firm Chairman Brad Karp’s latest Second Circuit Review column, “The Second Circuit In the Supreme Court,” appeared in the September 25 issue of the New York Law Journal.
In their 41st annual review of the Second Circuit’s performance ahead of the new U.S. Supreme Court term, the authors discuss high-profile, consequential cases heard by the Supreme Court over the past year, and examine each of the Second Circuit’s five cases before the Court. Three of these cases were reversed, though the authors note that seven other circuits had reversal rates as high or higher.
Looking ahead to the October 2025 term, the authors discuss three cases arising out of the Second Circuit that the Supreme Court has agreed to review: Barrett v. United States, regarding the double jeopardy clause of the Fifth Amendment; Fernandez v. United States, regarding standards for discretionary sentence reduction; and FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd., presenting the question of whether the Investment Company Act creates an implied private right of action.
Litigation associates Abigail Vice and Michael Pisem and summer associates Nathalie Beauchamps and Christina Grochowski assisted in the preparation of this column.
» read the article
Related Insights
