Second Circuit Review: The Second Circuit In the Supreme Court (September 2022)

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 28 issue of the New York Law Journal.

In their 38th annual review of the Second Circuit’s performance ahead of the new Supreme Court term, the authors discuss high-profile cases heard by the Supreme Court over the past year; the increase in merits decision-making along ideological lines and marked decrease in unanimous decisions overall; the retirement of Justice Stephen Breyer; and the appointment of Ketanji Brown Jackson, the first-ever Black woman to serve as a Justice. Looking ahead to the October 2022 term, they discuss four merits cases arising out of the Second Circuit: copyright case Andy Warhol Foundation v. Goldsmith; Percoco v. United States, which presents an honest-services fraud question; wire fraud case Ciminelli v. United States; and MOAC Mall Holdings v. Transform Holdco, which presents a Bankruptcy Code jurisdiction question. Litigation associate William Marks assisted in the preparation of this column.

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