2nd Circ. Ends Newman Relationship Test, But for How Long?
By Carmen Germaine
Aug. 23, 2017
The significance of the decision could persuade other judges to agree to en banc review, whether or not they disagree with the majority, said Ronald J. Colombo, a professor at Hofstra University’s Maurice A. Deane School of Law.
“It really puts its finger on a key ambiguity in Salman and Dirks, and for that reason and because there’s a dissenting judge, and because it implicates Second Circuit precedent in Newman, I would not be surprised if en banc were granted to get to the bottom of this,” Colombo said.
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