Zalaski v. City of Bridgeport Police Dep't., No. 08-3671, a civil rights action based on the allegedly unlawful breakup of an animal rights demonstration, summary judgment for defendants is vacated where the district court needed to undertake a comprehensive public forum analysis so the drastic device of summary judgment was not precipitously imposed.
Metro. Taxicab Bd. of Trade v. City of N.Y., No. 09-2901, involved an appeal by the Taxicab & Limousine Commission of New York City and several New York City officials from the grant of a preliminary injunction that enjoined the enforcement of the City's revisions to the maximum lease rates for taxicabs that effectively shifted fuel costs from drivers of fleet taxis to fleet owners to incentivize the use of hybrid-engine and fuel-efficient vehicles. The court of appeals affirmed on the ground that the City's new rules, based expressly on the fuel economy of a leased vehicle, plainly fall within the scope of the Energy Policy and Conservation Act preemption provision.