Two opinions today, both echoing recent appellate-junkie news.
First, the court issued a corrected opinion in Foglia v. Renal Ventures, a published reversal from last week. I mentioned here that it was 9 months between argument and opinion, but apparently that wasn’t quite long enough to catch an error. (Your diligent blogger had to know: the only change was on page 7, the original opinion erroneously said it was joining the First, Fifth, and Eleventh [corrected to Ninth] Circuits.)
Today’s new opinion comes in a labor case brought by police officers arguing, among other things, that they should be paid for their time putting on and removing (“donning and doffing”) their uniforms each day. Appeals nerds will recognize this as the same sort of claim that got Posner in some well-deserved hot water earlier this year, when he cited his own in-chambers don-and-doff experiment as support for the outcome, leaving dissenting Judge Woods “startled, to say the least.” You’ll not be surprised to learn that CA3 chose not to reprise (or, at least, not to brag about in its opinion) Posner’s experiment — didn’t even cite the opinion. CA3 affirmed summary judgment against the officers.
The case is Rosano v. Township of Teaneck. Opinion by Fisher, joined by McKee and Sloviter. Arguing counsel were Marcia Tapia for the donner-and-doffers, Angelo Genova for the township.