Latest 2 Cases: United States v. Smith (Criminal Law), Laurent v. PricewaterhouseCoopers LLP (ERISA)

Taking Stock: A Review of Justice Stevens’s Last Book and an Appreciation of His Extraordinary Service on the Supreme Court

RODGER CITRON

Rodger D. Citron, the Associate Dean for Research and Scholarship and a Professor of Law at Touro College, Jacob D. Fuchsberg Law Center, comments on the late Justice John Paul Stevens’s last book, The Making of a Justice: Reflections on My First 94 Years. Citron laments that, in his view, the memoir is too long yet does not say enough, but he lauds the justice for his outstanding service on the Supreme Court.

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United States v. Smith

Docket: 18-2141

Opinion Date: December 23, 2019

Judge: Gerard E. Lynch

Areas of Law: Criminal Law

The Second Circuit affirmed the district court's judgment sentencing defendant to two months in prison for attempting to export defense articles without a license in violation of the Arms Export Control Act of 1976. The court held that the challenged statute and regulations were constitutionally applied to defendant; defendant lacked Article III standing to bring a facial overbreadth challenge; and defendant's other facial First Amendment challenges were without merit.

Laurent v. PricewaterhouseCoopers LLP

Docket: 18-487

Opinion Date: December 23, 2019

Judge: Chin

Areas of Law: ERISA

The Second Circuit vacated the district court's dismissal of plaintiffs' claims alleging that the terms of their employee retirement benefits plan violated the Employment Retirement Income Security Act (ERISA). In a prior appeal, the court affirmed the district court's holding that the plan violated the statue and remanded to the district court for consideration of the appropriate relief. On remand, defendants moved on the pleadings under Federal Rule of Civil Procedure 12(c), contending that the relief requested by plaintiffs was unavailable as a matter of law. The district court agreed and granted defendants' motion. The court held that section 502(a)(3) authorizes district courts to grant equitable relief ‐‐ including reformation ‐‐ to remedy violations of subsection I of ERISA, even in the absence of mistake, fraud, or other conduct traditionally considered to be inequitable. Furthermore, the district court is authorized to grant plaintiffs' proposed remedy of enforcement of the reformed plan under section 502(a)(1)(B). Accordingly, the court remanded for further proceedings.