How Allen v. Cooper Breaks Important New (if Dubious) Ground on Stare Decisis

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar comments on language in a recent U.S. Supreme Court decision, Allen v. Cooperdiscussing constitutional stare decisis in the context of state sovereign immunity. Amar points out some of the problems with the Court’s jurisprudence on state sovereign immunity and Congress’s Section 5 power, and he questions the Allen majority’s embrace of a “special justification” requirement for constitutional stare decisis.

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Pettaway v. National Recovery Solutions, LLC

Docket: 19-1453

Opinion Date: April 9, 2020

Judge: Per Curiam

Areas of Law: Civil Procedure

The Second Circuit affirmed the district court's dismissal of plaintiff's Federal Debt Collection Practices Act (FDCPA) claim under Federal Rule of Civil Procedure 12(b)(6). The court agreed with plaintiff that her amended complaint was timely filed, notwithstanding the deficiency notice issued by the court clerk. Nevertheless, the court held that when a plaintiff properly amends her complaint and a defendant has filed a motion to dismiss that is still pending, the district court has the option of either denying the pending motion as moot or evaluating the motion in light of the facts alleged in the amended complaint. In this case, the district court evaluated the motion and properly dismissed plaintiff's amended complaint on the merits because it failed to state a plausible claim for relief.

Brooklyn Center for Psychotherapy, Inc. v. Philadelphia Indemnity Insurance Co.

Docket: 19-2266

Opinion Date: April 9, 2020

Judge: Park

Areas of Law: Insurance Law

The Second Circuit certified a question of insurance law to the New York Court of Appeals: Must a general liability insurance carrier defend an insured in an action alleging discrimination under a failure-to-accommodate theory?