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

March 2018 Archives

Non-Organic Baby Formula Case Preempted

Sara Marentette checked the label twice: "Similac Advance Organic Infant Formula."

Like many parents, she wanted to make sure the baby formula was organic. So she bought some and took it home.

But when she double-checked, she discovered a bunch of ingredients that prompted her to file a class-action lawsuit. In Marentette v. Abbott Laboratories, the plaintiffs said the defendant sold them non-organic baby formula.

Court: New York Pipeline May Go Forward

A federal appeals court turned back a New York agency's attempt to slow down a controversial natural gas pipeline, which has been tied to a state government scandal in the same courthouse.

In New York State Department of Environmental Conservation v. Federal Regulatory Commission, the U.S. Second Circuit Court of Appeals said the department waited too long to challenge the pipeline over water issues. As a result, the 442-mile Millennium Pipeline will go forward.

Meanwhile in the same building, federal prosecutors closed in on a former state official in a bribery trial involving the same pipeline company. In New York, they say, one hand washes the other.

Martin Shkreli likely won't be remembered for committing securities fraud, even though he was just sentenced to seven years in a federal prison for exactly that. Not surprisingly, the public is celebrating his federal prison sentence. Naturally, he plans on appealing to the Second Circuit.

Shkreli rose to infamy when he, and his pharmaceutical company, made the decision to raise the price of a lifesaving drug by over 5,000 percent. Seemingly overnight Shkreli became the "pharma bro" and a household name to be hated. And Shkreli didn't seem to self-reflect or introspect, but rather doubled down on being obnoxious, and becoming more hated. However, despite the Shkreli persona we've all grown accustomed to hating, in court at his sentencing, he attempted to appear sympathetic without his characteristic smirk ... then he spoke.

'Ministerial Exception' Protects Hospital From Racial Discrimination Claims

The First Amendment comes before the Fourteenth Amendment, and sometimes trumps it.

At least that's what happened in Penn v. New York Methodist Hospital. A black chaplain sued the Methodist hospital for racial discrimination, but a federal court rejected his case.

The U.S. Second Circuit Court of Appeals said there is a "ministerial exception" against discrimination claims. In other words, religions can discriminate.

Long Island Water Contamination Suit Time-Barred

Time heals all injuries, except perhaps damages from contaminated water in Bethpage, Long Island.

It's a legal reality because the statute of limitations has ended claims in Bethpage Water District v. Northrup Grumman Corporation. A federal appeals court said the plaintiffs waited too long to sue for groundwater contamination caused by the company's industrial work.

The U.S. Second Circuit Court of Appeals said Bethpage waited until 2013 to sue, despite learning about groundwater contamination there between 2007 and 2009.