Katherine Weaver discusses the Ninth Circuit's refusal in Olean v. Bumble Bee Foods LLC "to adopt a per se rule prohibiting class certification when the putative class contains more than a de minimis number of uninjured class members" and concludes that "lower courts grappling with this issue in the future should take into account the Seventh Circuit’s opinion in Mussat v. IQVIA, Inc." and treat classes as an "entity."
Category: Case Note
Jason T. Hanselman analyzes Kennedy v. Bremerton School District, concluding that "[s]chool districts, which must assess indirect coercion to make termination decisions, will struggle to decide whether Kennedy establishes a new legal test or just revamps the old one."
Responding to Sedlik v. Drachenberg, David Doktorman suggests that "tattoos, by virtue of their being inscribed on a human body, are inherently transformative uses that, as a matter of law, strongly support a finding of fair use."
Analyzing the First Circuit's opinion in Moore v. British Airways PLC, Kelsey Roberts suggests that when "courts determine whether there was an accident" under the Montreal Convention, they should do so from "the airline’s perspective, as measured by airline policies and industry standards."
Bethany Ao analyzes case law confronting the question of "whether the PREP Act preempts state tort law when plaintiffs raise wrongful death claims related to COVID-19."
Jaden M. Lessnick discusses the implications of Brown v. Davenport for federal habeas corpus law, answering two open questions: "[I]f a petitioner satisfies both AEDPA and the Court’s equitable precedents, may a court deny habeas relief regardless, and if so, on what basis?"
Writing on the review of referee decisions in soccer games by Video Assistant Referee (VAR) technology, Eliana Fleischer argues "that different categories of VAR review require distinct standards of review to match the subjectivity of the referee’s decision and the informational asymmetry between the referee and VAR."
Professor Adam S. Zimmerman critiques the Federal Circuit's holding in Skaar v. McDonough that the Veterans Court's 2020 class action rule allowed as class members only those veterans who had exhausted the appeals process at the VA at the time of class certification.
Youssef Mohamed summarizes how United States v. Turkiye Halk Bankasi A.S. impacts the law of foreign sovereign immunity as it applies in criminal proceedings, ultimately concluding that, without further input from Congress, courts should defer to executive branch determinations of foreign immunity as manifested by the commencement of criminal proceedings.
So Jung Kim analyzes the impact that the Supreme Court's decision in FTC v. AMG will have on the FTC's ability to obtain equitable monetary relief for those harmed by deceptive or unfair business practices.