E. Supp. Vol. 57

Turkmen v. Hasty: The Second Circuit Holds Highest Ranking Law Enforcement Officials Accountable for Post-9/11 Policies Infringing on Constitutional Rights

Abstract: On June 17, 2015, in Turkmen v. Hasty, the Second Circuit of the U.S. Court of Appeals affirmed in part the order of the U.S. District Court for the District of New York. This order denied motions to dismiss due process and equal protection claims for damages against federal officials, a cause of action […]

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“Virtual Certainty” in a Digital World: The Sixth Circuit’s Application of the Private Search Doctrine to Digital Storage Devices in United States v. Lichtenberger

Abstract: In 2015 in United States v. Lichtenberger, the U.S. Court of Appeals for the Sixth Circuit held that police violated the Fourth Amendment by exceeding the scope of a private search of computer files. This decision deviated from holdings of the U.S. Courts of Appeals for the Fifth and Seventh Circuits, which held that […]

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Distribution to Undo Excess: The Ninth Circuit Looks to an Equitable Approach to Apportion the Costs of Environmental Cleanup in AmeriPride Services Inc. v. Texas Eastern Overseas Inc.

Abstract: On April 2, 2015, in AmeriPride Services Inc. v. Texas Eastern Overseas Inc., the U.S. Court of Appeals for the Ninth Circuit joined the U.S. Court of Appeals for the First Circuit in holding that district courts are not bound to a single method of distributing response costs in contribution actions under § 9613(f) of […]

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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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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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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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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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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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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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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 […]

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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 […]

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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 […]

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