What All the Fuss Isn’t About: The Eighth Circuit’s Misapprehension of APA Purposes in Hawkes Co. v. U.S. Army Corps of Engineers
Abstract: On April 10, 2015, in Hawkes Co. v. U.S. Army Corps of Engineers, the U.S. Court of Appeals for the Eighth Circuit held that a U.S. Army Corps of Engineers jurisdictional determination made pursuant to the Clean Water Act is subject to judicial review as final agency action under the Administrative Procedure Act. Jurisdictional […]
Prisoner Denied Sex Reassignment Surgery: The First Circuit Ignores Medical Consensus in Kosilek v. Spencer
Abstract: On December 16, 2014, in Kosilek v. Spencer, the U.S. Court of Appeals for the First Circuit held that refusing to provide a transgender prisoner sex reassignment surgery did not violate the Eighth Amendment. The court reasoned that the prisoner’s claim did not amount to an Eighth Amendment violation because she received adequate treatment […]
Implied Class Warfare: Why Rule 23 Needs an Explicit Ascertainability Requirement in the Wake of Byrd v. Aaron’s Inc.
Abstract: On April 16, 2015, in Byrd v. Aaron’s Inc., the U.S. Court of Appeals for the Third Circuit articulated its heightened standard for Rule 23’s implied requirement that a class be ascertainable. This standard has proven to frustrate Rule 23’s historical purpose of providing small-claim plaintiffs a mechanism through which they can economically prosecute […]
Death Is Not The End: The Second Circuit Allows Posthumous Division of Pension Benefits in Yale-New Haven Hospital v. Nicholls
Abstract: On June 4, 2015, in Yale-New Haven Hospital v. Nicholls, the U.S. Court of Appeals for the Second Circuit held that the Employment Retirement Income Security Act of 1974 (“ERISA”) allows state courts to posthumously amend qualified domestic relations orders (“QDROs”) to divide the pension plan benefits of a deceased plan participant. The Second […]
Permitted to Suffer for Experience: Second Circuit Uses “Primary Beneficiary” Test to Determine Whether Unpaid Interns Are Employees Under the FLSA in Glatt v. Fox Searchlight Pictures, Inc.
Abstract: On January 25, 2016, the U.S. Court of Appeals for the Second Circuit in Glatt v. Fox Searchlight Pictures, Inc., vacated the U.S. District Court for the Southern District of New York’s order, which found that unpaid interns were “employees” under both the Fair Labor Standards Act (“FLSA”) and New York Labor Law. The […]
A New Chapter in Antitrust Law: The Second Circuit’s Decision in United States v. Apple Determines Hub-and-Spoke Conspiracy Per Se Illegal
Abstract: On June 30, 2015, in United States v. Apple, Inc., the U.S. Court of Appeals for the Second Circuit held that Apple’s agreements with five publishing companies violated the Sherman Act. With Apple as a retailer and the publishers as manufacturers, the agreements between the two groups were vertical. This classification is significant because […]