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Second Circuit Review: The Second Circuit In the Supreme Court
September 26, 2024
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 26 issue of the New York Law Journal.
In their 40th annual review of the Second Circuit's performance ahead of the new Supreme Court term, the authors discuss high-profile, consequential cases heard by the U.S. Supreme Court over the past year, and examine each of the Second Circuit's seven cases before the Court, noting that six out of seven cases were reversed. However, they note that the circuit was not an outlier, with six other circuits having as high or higher reversal rates.
Looking ahead to the October 2024 term, they discuss two cases arising out of the Second Circuit: Medical Marijuana v. Horn, concerning whether, in civil RICO actions, economic harms resulting from personal injuries are injuries to business or property by reason of a defendant’s acts; and Delligatti v. United States, concerning whether crimes requiring proof of bodily injury or death that can be committed by failing to take action have as an element the use, attempted use, or threatened use of physical force.
Litigation associates Abigail Vice and Matteo Godi assisted in the preparation of this column.