Kansas v. Glover and Conditional Irrelevance

SHERRY F. COLB

Cornell law professor Sherry F. Colb discusses the concept of “conditional irrelevance”—which she first identified in a law review article in 2001—and explains why the concept is useful for understanding the arguments before the U.S. Supreme Court in Kansas v. Glover. Through the lens of conditional irrelevance, Colb explains why the knowledge of one fact (that the owner of the vehicle in that case lacked a valid license) should not itself provide police reasonable suspicion to stop the vehicle.

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Lin v. Shanghai City Corp.

Docket: 18-3580

Opinion Date: February 11, 2020

Judge: Per Curiam

Areas of Law: Civil Procedure, Labor & Employment Law

The Second Circuit affirmed the district court's grant of summary judgment for defendants in a wage-and-hour practices and policies action under the Fair Labor Standards Act, the New York Labor Law, the New York Business General Business Law, and 26 U.S.C. 7434. The district court treated defendants' opposition to plaintiffs' motion for conditional collective certification as a cross‐motion for summary judgment as to plaintiffs, and as a motion to dismiss without prejudice as to putative opt-in plaintiffs. The court held that plaintiffs had reason to recognize the motion could be converted into one for summary judgment and that the district court appropriately applied Federal Rule of Civil Procedure 41(a)(1)(B), dismissing the complaint based on plaintiffs' two prior voluntary dismissals in New York State court and in the Eastern District of New York. The court considered plaintiffs' remaining arguments and found them to be without merit.