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

July 2017 Archives

Justice Dept. Seeks to Stop LGBT Ruling

The Trump Administration fired two shots across the bow of the LGBT community, aiming to set back Obama-era rulings that protected soldiers and workers.

The same day Trump announced that the U.S. military would not allow transgender people in the armed forces, the Justice Department told a federal court that anti-discrimination laws should not protect people at work based on their sexual orientation.

In Zarda v. Altitude Express, Inc., the Justice Department says that Title VII of the Civil Rights Act protects workers based on their sex -- not their sexual orientation.

Publishers Escape Liability in E-Book Antitrust Case

A federal appeals court said book publishers violated antitrust laws by conspiring to change prices for ebooks, but they did not injure the retailers who sued them over it.

In Diesel eBooks v. Simon & Schuster, the U.S. Second Circuit Court of Appeals said the retailers could not prove by the publishers caused their losses. The decision also spared further embarrassment for Apple, which was forced to pay a record fine in a related matter.

"We have ruled that the publisher Defendants and Apple did indeed conspire
unlawfully to restrain trade in violation of the Sherman Act," the judges said, referencing
United States v. Apple. However, the court said the conspiracy did not cause the plaintiffs any damage in this case.

Foot Locker Loses Appeal of $180 Million Verdict for ERISA Violations

Foot Locker stepped on its employees, but didn't expect them to kick back.

In Osberg v. Foot Locker, Inc., the plaintiffs won a $180 million judgment against the company for misleading them about their pension plan. The company appealed, saying it was an unfair windfall to more than 10,000 employee claims that were time-barred.

The U.S. Second Circuit Court of Appeals rejected the arguments, saying the claims were not barred because the workers could not reasonably determine when they had been wronged.