The Hidden Ideological Stakes of SCOTUS Patent Case

MICHAEL C. DORF

Cornell law professor Michael C. Dorf describes the ostensibly complex legal issues presented in United States v. Arthrex, Inc., in which the U.S. Supreme Court heard argument earlier this week, and explains how those issues reflect an ideological divide as to other, more accessible matters. Professor Dorf argues that although many conservatives would like to dismantle the modern administrative state, our complex modern society all but requires these government agencies, so conservatives instead seek to make them politically accountable through a Senate-confirmed officer answerable to the president, furthering the so-called unitary-executive theory of Article II.

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Krainewood Shores Association, Inc. v. Town of Moultonborough

Docket: 2019-0719

Opinion Date: March 2, 2021

Judge: Gary E. Hicks

Areas of Law: Civil Procedure, Government & Administrative Law, Zoning, Planning & Land Use

Plaintiffs Krainewood Shores Association, Inc. and Black Cat Island Civic Association appealed a superior court decision granting defendants' Town of Moultonborough (Town) and TYBX3, LLC motion to dismiss. In 2018, TYBX3 sought to develop a vacant lot into condominium storage units for the purpose of storing large “toys,” such as boats, snowmobiles, and motorcycles. The Town’s planning board approved the application in May 2019. Plaintiffs appealed the planning board's decision, and defendants moved to dismiss, arguing the trial court lacked subject matter jurisdiction to hear the complaint as not timely filed. Specifically, the defendants argued that the plaintiffs missed the 30-day deadline imposed by RSA 677:15, I, to file an appeal of a planning board’s decision. To this, the trial court concurred and granted the motion. On appeal, the plaintiffs argue that the trial court erred in granting defendants’ motion to dismiss, and erred in denying plaintiffs’ motion to amend their complaint. Because the trial court did not decide whether to allow plaintiffs to amend their complaint, the New Hampshire Supreme Court vacated the order denying plaintiffs’ motion to amend, and remanded for the trial court to decide, in the first instance, whether plaintiffs’ amended complaint could proceed. The Court expressed no opinion as to the parties’ arguments regarding whether plaintiffs’ amended complaint would cure the jurisdictional defect.

Appeal of Andrew Panaggio

Docket: 2019-0685

Opinion Date: March 2, 2021

Judge: Gary E. Hicks

Areas of Law: Criminal Law, Government & Administrative Law, Health Law, Insurance Law

Petitioner Andrew Panaggio appealed a New Hampshire Compensation Appeals Board (Board) determination that respondent, CNA Insurance Company (the insurer), could not be ordered to reimburse him for his purchase of medical marijuana because such reimbursement would have constituted aiding and abetting his commission of a federal crime under the federal Controlled Substances Act (CSA). When Panaggio appealed the insurer’s denial to the New Hampshire Department of Labor, a hearing officer agreed with the insurer. Panaggio appealed the hearing officer’s decision to the Board, which unanimously found that his use of medical marijuana was reasonable and medically necessary. Nonetheless, the Board upheld the insurer’s refusal to reimburse Panaggio, concluding that “the carrier is not able to provide medical marijuana because such reimbursement is not legal under state or federal law.” The New Hampshire Supreme Court surmised the issue on appeal raised a question of federal preemption, "which is essentially a matter of statutory interpretation and construction." Although it was an issue of first impression for the New Hampshire Court, other courts considered whether the CSA preempted a state order requiring reimbursement of an employee’s purchase of medical marijuana. Panaggio reasoned that “[b]ecause New Hampshire law unambiguously requires the insurer to pay for the claimant’s medically related treatment,” an insurer that reimburses a claimant for the purchase of medical marijuana acts without the volition required by the federal aiding and abetting statute. The insurer asserted Panaggio’s argument leads to an absurd result, observing that “[c]onflict preemption applies because state law requires what federal law forbids.” The New Hampshire Supreme Court ultimately concluded the CSA did not make it illegal for an insurer to reimburse an employee for his or her purchase of medical marijuana. "[A] Board order to reimburse Panaggio does not interfere with the federal government’s ability to enforce the CSA. Regardless of whether the insurer is ordered to reimburse Panaggio for his medical marijuana purchase, the federal government is free to prosecute him for simple possession of marijuana under the CSA." Under these circumstances, the Court concluded the “high threshold” for preemption “is not met here.” The Board's decision was reversed and the matter remanded for further proceedings.