Latest 3 Cases: Howard v. HMK Holdings, LLC (Civil Rights), Transportation Division of the International Association of Sheet Metal, Air, Rail, ...

What Accounts for the Increase in Law School Applications This Year?

VIKRAM DAVID AMAR

Illinois Law dean Vikram David Amar comments on the apparent increase in the number of law school applications this year and offers some thoughts as to the reasons behind the trend. Dean Amar suggests that increased job opportunities and heightened social awareness might be behind the higher numbers of applications.

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Howard v. HMK Holdings, LLC

Docket: 18-55923

Opinion Date: February 23, 2021

Judge: Bennett

Areas of Law: Civil Rights, Constitutional Law, Real Estate & Property Law

The Ninth Circuit affirmed the district court's grant of summary judgment for defendants in an action brought by plaintiff and his family under the Fair Housing Amendments Act (FHAA). Plaintiff and his family sought to extend their tenancy in defendants' property based on plaintiff's medical condition. The panel agreed with the district court that, under 42 U.S.C. 3604(f)(3)(B), making "accommodations in rules, policies, practices, or services" was not necessary to afford plaintiff and his family "equal opportunity to use and enjoy a dwelling." The panel held that, absent an accommodation, the plaintiff's disability must cause the plaintiffs to lose an equal opportunity to use and enjoy a dwelling. In this case, defendants offered plaintiff and his family, who were on a month-to-month tenancy, terminable at will, a new lease for one year at an increased rent. However, plaintiff and his family turned down the new lease, and never credibly argued that they turned down the lease for any reason related to plaintiff's disability. Upon termination of the lease, plaintiff and his family were in the same position as a family with no disability that had had its lease terminated. The panel explained that it could not find a connection between plaintiff's disability and his request to remain in the home until January 22, 2018. Therefore, defendants were under no obligation to extend the tenancy-termination date. Finally, the panel agreed with the Third and Sixth Circuits and held that there is no standalone liability under the FHAA for a landlord’s failure to engage in an interactive process.

Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers v. Federal Railroad Administration

Dockets: 19-71787, 19-71802, 19-71916, 19-71918

Opinion Date: February 23, 2021

Judge: Consuelo Maria Callahan

Areas of Law: Constitutional Law, Government & Administrative Law, Transportation Law

In 2016, the FRA issued a Notice of Proposed Rulemaking (NPRM) proposing a national minimum requirement of two crew members for trains. In 2019, the FRA issued an order purporting to adopt a nationwide maximum one-person crew rule and to preempt "any state laws concerning that subject matter." Two Unions and three states petitioned for review of the Order under the Administrative Procedure Act (APA). As a preliminary matter, the Ninth Circuit dismissed the Unions' petition because venue was not proper under 28 U.S.C. 2343. The panel explained that the Unions' principal officers were not in the Ninth Circuit. The panel concluded that it had jurisdiction over the States' petitions because they were sufficiently aggrieved to invoke jurisdiction under 28 U.S.C. 2344. On the merits, the panel held that the FRA's Order does not implicitly preempt state safety rules, that the FRA failed to comply with the APA's notice-and-comment provisions in issuing the Order, and that the order is arbitrary and capricious. The panel explained that the Order's basis for its action did not withstand scrutiny, and the FRA's contemporaneous explanation was lacking. In this case, the States met their burden of showing that the issuance of the Order violated the APA. Accordingly, the panel dismissed the petition for review but granted the States' petitions, vacating the Order.

Bernstein v. Virgin America, Inc.

Docket: 19-15382

Opinion Date: February 23, 2021

Judge: Milan Dale Smith, Jr.

Areas of Law: Labor & Employment Law

A class of California-based flight attendants employed by Virgin America filed a putative class action, alleging that Virgin America violated California labor laws. The district court certified a class of similarly-situated plaintiffs and granted summary judgment to plaintiffs on virtually all of their claims. As a preliminary matter, the Ninth Circuit held that the dormant Commerce Clause does not bar applying California law. The panel held that Virgin America's compensation scheme based on block time did not violate California law. The panel explained that the fact that pay was not specifically attached to each hour of work did not mean that Virgin America violated California law. The panel also held that Virgin America was subject to the overtime requirements of Labor Code section 510; California's meal and rest break requirements are not preempted by the Federal Aviation Act or the Airline Deregulation Act; Ward v. United Airlines, Inc., 466 P.3d 309, 321 (Cal. 2020) -- which held that California Labor Code section 226(a) applied to workers who do not perform the majority of their work in any one state, but who are based for work purposes in California -- is applicable to the wage statement claim in this case; because the California Supreme Court held that section 226 applied under these circumstances, sections 201 and 202 apply as well; because applicability of California law has been adjudicated on a class-wide or subclass-wide basis, no individual choice-of-law analysis was necessary; and Virgin America was not subject to heightened penalties for any labor code violation that occurred prior to the district court's partial grant of plaintiffs' motion for summary judgment. Accordingly, the panel affirmed in part, reversed in part, and vacated. The panel also vacated the district court's order granting attorney's fees and costs to plaintiffs, and remanded for further proceedings.