An Important Second Circuit Ruling on Sanctuary Jurisdictions May Have Reached the Right Result, but En Route it Misread the Momentous Sebelius Supreme Court Ruling on Conditional Federal Funding to States

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar comments on a recent decision by the U.S. Court of Appeals for the Second Circuit regarding so-called “sanctuary” jurisdictions. Amar argues that while the Second Circuit may have arrived at the correct conclusion of law, it also misunderstood the Supreme Court’s decision in NFIB v. Sebelius, in which the Court struck down the “Medicare expansion” provision of the Affordable Care Act as unconstitutionally coercive. Amar points out that in Sebelius, the Court found the fact that the Medicare expansion provision of the ACA vitiated the terms of a preexisting deal was sufficient to hold that provision coercive.

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Pinner v. Pinner

Docket: 16/19

Opinion Date: March 3, 2020

Judge: Booth

Areas of Law: Civil Procedure, Civil Rights, Constitutional Law, Personal Injury

The Court of Appeals affirmed the judgment of the court of special appeals reversing the circuit court's decision determining that it had personal jurisdiction over Defendant and entering a judgment in favor of Plaintiff, holding that the factors weighed against the constitutional reasonableness of causing Defendant to defend this suit in Maryland. This case was filed by Defendant's stepson, who was a North Carolina resident, against Defendant, who was also a North Carolina resident. Plaintiff ultimately obtained a default judgment against Defendant in the amount of $99,856.84. The court of special appeals reversed the circuit court's decision with respect to the finding of personal jurisdiction. The Court of Appeals affirmed, holding that Defendant's act of filing a sole lawsuit through counsel did not rise to the level of a "persistent course of conduct" to justify the assertion of personal jurisdiction over her in this matter.

Linton v. Consumer Protection Division

Docket: 33/19

Opinion Date: March 3, 2020

Judge: Wilner

Areas of Law: Class Action

The Court of Appeals vacated the judgment of the court of special appeals and remanded with directions to reverse the judgment of the circuit court certifying a settlement class and approving a settlement reached by the parties with respect to that class, holding that the circuit court erred in approving the proposed settlement. The class-action lawsuit was filed on behalf of 100 individuals who had assigned structured settlement annuity benefits they were entitled to receive from certain tortfeasors to Petitioner or its affiliates or designees based on allegations that the assignments were the product of fraud. Ultimately, the circuit court approved the proposed settlement. The court of special appeals reversed. The Court of Appeals vacated the judgment below and concluded that the circuit court erred in approving the proposed settlement under the facts and circumstances of this case.