Month: December 2015

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SCOTUScast - Spokeo, Inc. v. Robins – Post-Argument SCOTUScast

On November 2, 2015, the Supreme Court heard oral argument in Spokeo, Inc. v. Robins. Robins sued website operator Spokeo, Inc. under the Fair Credit Reporting Act, complaining that Spokeo had published inaccurate personal information about Robins. The district court determined that Robins had failed to allege an injury-in-fact and dismissed the case for lack of standing. The U.S. Court of Appeals for the Ninth Circuit reversed, concluding that Spokeo’s alleged violations of Robins’ statutory rights constituted sufficient injury, and that Robins satisfied the other requirements for Article III standing. -- The question Spokeo raises before the Supreme Court is whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not otherwise invoke the jurisdiction of a federal court, by authorizing a private right of action based on a bare violation of a federal statute. -- To discuss the case, we have Erin Hawley, who is Associate Professor of Law at University of Missouri School of Law.
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SCOTUScast - Gobeille v. Liberty Mutual Insurance Company – Post-Argument SCOTUScast

On December 2, 2015, the Supreme Court heard oral argument in Gobeille v. Liberty Mutual Insurance Company. Liberty Mutual Insurance Company (Liberty Mutual) operates a self-insured employee health plan through a third-party administrator. Vermont state law requires such plans to file with the State reports concerning claims data and certain other information. When Vermont subpoenaed claims data from Liberty Mutual’s third-party administrator, Liberty Mutual sued and argued that the federal Employment Retirement Income Security Act of 1974 (ERISA) preempted the Vermont statute. The district court found no preemption and ruled in favor of Vermont. On appeal a divided panel of the U.S. Court of Appeals for the Second Circuit reversed and held that ERISA preemption did apply. -- The question before the Court is whether the Second Circuit erred in holding that ERISA preempts Vermont's health care database law as applied to the third-party administrator for a self-funded ERISA plan. -- To discuss the case, we have John Ohlendorf, who is an associate at Cooper & Kirk, PLLC.
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The Gist - Is Cryotherapy BS?

On The Gist, the incredibly cool Maria Konnikova of the New Yorker looks into the dearth of research into cryotherapy for a game we call “Is That Bulls--t?” Her new book, The Confidence Game, is now available for preorder. For the Spiel, we travel to the four corners of the world in search of happiness. Today’s sponsors:   Harry’s, the shaving company that offers German-engineered blades, well-designed handles, and shipping right to your door. Visit Harrys.com for $5 off your first purchase with the promo code THEGIST. Berries. Fresh berries dipped in chocolate, starting at just $19.99 are a great last-minute gift and double your berries for just $10. Visit berries.com, click on the microphone, and use the code GIST.   Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today at slate.com/gistplus.

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SCOTUScast - Luis v. U.S. – Post Argument SCOTUScast

On November 10, 2015, the Supreme Court heard oral argument in Luis v. U.S. Luis was indicated for Medicare fraud involving alleged kickbacks to patients who enrolled with Luis’ home healthcare companies. The government then brought a civil action to restrain Luis’ assets--including substitute property of an equivalent value to that actually traceable to the alleged fraud--before her criminal trial. Although Luis objected that she needed these assets to pay for defense counsel, the district court ruled in favor of the government and the U.S. Court of Appeals for the 11th Circuit affirmed. -- The question before the Supreme Court is whether the pretrial restraint of a criminal defendant's legitimate, untainted assets (those not traceable to a criminal offense) needed to retain counsel of choice violates the Fifth and Sixth Amendments. -- To discuss the case, we have John Malcolm, who is Director of the Edwin Meese III Center for Legal and Judicial Studies, and the Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow at the Heritage Foundation.
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The Gist - Woodrow Wilson’s Racist Legacy

On The Gist, professor Julian Zelizer joins us to discuss how to understand Woodrow Wilson in the context of his time, and how Princeton is grappling with that legacy today. He’s the author of The Fierce Urgency of Now: Lyndon Johnson, Congress, and the Battle for the Great Society. For the Spiel, Trump induced anxiety gets its own crisis intervention hotline. Today’s sponsors: Prudential’s 40/40 Vision, a multimedia microsite exploring what life—and the future—looks like to today’s fortysomethings. Hear what inspires real people, the hopes they have for tomorrow, and much more. See yourself in their stories at slate.com/4040vision/family. Bonobos, discover the difference an expertly-crafted, better-fitting wardrobe can make. For a limited time, all new customers can get 20 percent off their first order when you go to bonobos.com/gist. Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today at slate.com/gistplus.

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SCOTUScast - OBB Personenverkehr AG v. Sachs – Post-Decision SCOTUScast

On December 1, 2015, the Supreme Court decided OBB Personenverkehr AG v. Sachs. This case concerns the scope of the commercial activity exception to the Foreign Sovereign Immunities Act (FSIA). Under this exception, sovereign immunity does not bar a lawsuit “based on a commercial activity carried on in the United States by [a] foreign state.” In this case Carol Sachs sued the Austrian national railroad when she suffered serious injuries while attempting to board an Austrian train. The question is whether Sachs’ purchase of her rail pass in the United States brought her suit within the commercial activity exception. The U.S. Court of Appeals for the Ninth Circuit held that it did. -- By a vote of 9-0, the Supreme Court reversed the judgment of the Ninth Circuit. Chief Justice Roberts delivered the opinion for a unanimous Court, holding that Sachs’ suit was “based on” the railway’s conduct in Austria and therefore outside the FSIA’s commercial activity exception. -- To discuss the case, we have Edwin D. Williamson, who is Of Counsel at Sullivan & Cromwell LLP.
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The Gist - Jon Glaser as Neon Joe

On The Gist, actor Jon Glaser explains how a one-off joke on The Tonight Show With Jimmy Fallon led to his new miniseries Neon Joe, Werewolf Hunter. The new show premiers Monday, Dec. 7 at midnight on Adult Swim. For the Spiel, a look into the psychology of fighting ISIS. Today’s sponsor: Stamps.com, where you can buy and print official U.S. postage right from your desk using your own computer and printer. Use the promo code THEGIST to get a no-risk trial and a $110 bonus offer. Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today at slate.com/gistplus.

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