E. Supp. Vol. 57

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 […]

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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 […]

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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 […]

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Immigrant Rights in Jeopardy: A Denial of Constitutional Protection in De La Paz v. Coy

Abstract: On May 14, 2015, in De La Paz v. Coy, the U.S. Court of Appeals for the Fifth Circuit held that immigrants cannot bring Bivens actions seeking damages against individual federal immigration officials for Fourth Amendment violations. The court reasoned that because the Immigration and Nationality Act of 1952 (“INA”) already provides immigrants with […]

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An Unsealed Package: The Ninth Circuit Creates a Circuit Split When Interpreting FDA Regulations on Food Label Nutrient Content Claims in Reid v. Johnson & Johnson

Abstract: On March 13, 2015, in Reid v. Johnson & Johnson, the U.S. Court of Appeals for the Ninth Circuit held that the statement “No Trans Fat” on the label of Benecol, a food that contains between 0 and 0.5 grams of trans fat, was not a permitted nutrient content claim. The court held that […]

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The Sky Is Not Falling, Todd Newman: The Ninth Circuit Endorses a Measured Reading of Newman’s Definition of Personal Benefit for Insider Trading Liability in United States v. Salman

Abstract: On July 6, 2015, the U.S. Court of Appeals for the Ninth Circuit, in United States v. Salman, declined to adopt the novel definition of the personal-benefit element for insider trading, as articulated by the U.S. Court of Appeals for the Second Circuit in United States v. Newman in December 2014. In so doing, […]

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