U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

July 2015 Archives

Dentists have a new reason to smile after the Second Circuit upheld Connecticut regulations requiring that certain teeth-whitening procedures be performed only by licensed dentists. The procedure in question involves shining a low-powered LED light into a customer's mouth for 20 minutes, so it's not exactly major surgery -- but it's risky enough to justify the restriction and survive rational basis review, the Court ruled.

The court's highly deferential ruling means that it will be a bit harder to get whiter teeth on the cheap in Connecticut. It also contrasts with a recent Supreme Court ruling that struck down similar restrictions in North Carolina.

Unpaid internships are some of the most miserable, abusive, and exploitative forms of labor around -- and you can go ahead and take advantage of them again, so long as you meet the new standard announced this month by the Second Circuit.

The Second Circuit's ruling reverses a 2013 district court decision that unpaid interns could file a class action for back wages and overtime. That decision caused many companies to curtail or eliminate their unpaid internship programs. Now, however, the court has proposed seven non-exclusive considerations used to determine when an intern might be entitled to pay, potentially opening the door for a return to widespread unpaid internships.

Contributors to a creative work, whose contributions are inseparable from that work, cannot copyright their contribution alone, the Second Circuit ruled on Monday. The decision came from a dispute between an independent film's producer and its director, after the director attempted to copyright the raw footage of the film and prevent the producer from using it.

That film director cannot copyright his contribution to the collaborative work, the court ruled. The case is the first time the Second Circuit has taken up the issue and has large implications for media, film, and the creative arts.