TK

Full rundown of the week posted tomorrow. Must run. 

MB

[Update: Nope - moving on, starting with Monday's decisions.]

Fourth Circuit -- American Petroleum Institute v. Roy Cooper, III

Preemption --

Ability of regulated parties to "opt out" of part of statute does not preclude preemption analysis.

As government encourages ethanol blending, it isn't adulteration and is therefore not preempted by anti-adulteration statute.

Lanham Act preemption a matter for trial.

American Petroleum Institute v. Roy Cooper, III

Third Circuit -- Brittany Morrow v. Barry Balaski

No S1983 remedy for racial harassment by fellow students, as there is an insufficient special relationship / no state-created danger.

Concurrence: Stare decisis / en banc threshold not reached.  ("Sure error")

Concur/Dissent: Special relationship created.

Dissent: Special relationship & state-created danger.

Dissent: Duty of care.

Brittany Morrow v. Barry Balaski