The Mask Slips: Standing, the Affordable Care Act, and Hypocrisy in High Places

SHERRY F. COLB

Cornell law professor Sherry F. Colb considers one aspect of the oral argument in California v. Texas, the latest challenge to the Affordable Care Act to come before the U.S. Supreme Court. Specifically, Colb considers the way in which some of the Justices talked during the oral argument about the doctrine of judicial standing, and she calls out those Justices’ hypocrisy as to that issue.

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Engineered Sales, Co. v. Endress + Hauser, Inc.

Docket: 19-1671

Opinion Date: November 17, 2020

Judge: Melloy

Areas of Law: Contracts

Engineered Sales filed suit against Endress, alleging a violation of the Minnesota Termination of Sales Representatives Act. At issue is whether the Act, as amended in 2014, applies to their contractual relationship. The Eighth Circuit reversed and remanded the district court's ruling as to whether Endress had "good cause" and otherwise violated the Act in its termination of the agreement. The court held that Engineered Sales continued to solicit orders with Endress's "consent or acquiescence" after August 1, 2014, and thus the parties' agreement was renewed after August 1, 2014, making the anti-waiver provision applicable to its terms. The court also held that the parties' Indiana choice-of-law provision would allow Endress to circumvent the requirements of the Act in this case, and thus the provision is void and unenforceable under Minn. Stat. 325E.37, subd. 7.

Hirchak v. W.W. Grainger, Inc.

Docket: 19-2642

Opinion Date: November 17, 2020

Judge: Raymond W. Gruender

Areas of Law: Personal Injury

Plaintiff and his wife filed claims of negligence and failure to warn against Grainer, a distributor of industrial equipment, and its subsidiary, Dayton, after plaintiff was injured by a web sling at work. The Eighth Circuit affirmed the district court's grant of summary judgment for defendants, holding that the district court did not abuse its discretion by excluding plaintiff's expert's opinion that the subject sling was a Grainger-distributed Juli sling. In this case, the district court concluded that the expert's report was inadmissible because his opinion that the subject sling was a Grainger-distributed Juli sling was based on insufficient facts. Without the expert's report, plaintiff failed to present sufficient evidence that defendants supplied the sling to the employer in order to defeat summary judgment.