Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Case Brief: LONG ISLAND CARE AT HOME, LTD v. COKE, 551 US 158 (2007) - Essay Example

Comments (0) Cite this document
Case Brief: LONG ISLAND CARE AT HOME, LTD v. COKE, 551 US 158 (2007) TITLE AND CITATION The title of the case is Long Island Care At Home, Ltd v. Coke. As can be observed from the title, the respondent is Evelyn Coke and the petitioner is Long Island Care at Home Ltd…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER97.6% of users find it useful
Case Brief: LONG ISLAND CARE AT HOME, LTD v. COKE, 551 US 158 (2007)
Read Text Preview

Extract of sample "Case Brief: LONG ISLAND CARE AT HOME, LTD v. COKE, 551 US 158 (2007)"

Download file to see previous pages Coke is a reversed and remanded case. The rule of this case further involved “filling of a statutory gap”, as per Justice Stephen Breyer’s opinion. Long Island Care had employed Coke as a healthcare attendant for its elderly home services and thus had an employer-employee relationship amid them. Eventually, Coke filed a case against the employer on the grounds of minimum wage and overtime benefits rights as per the Fair Labor Standards Act of 1938 (FLSA) (Cornell University Law School, “Supreme Court”).. Ruling in favor of Long Island, the petitioner, the District Court emphasized Coke to be exempted from the FLSA benefits being employed in the “companionship services” sector giving deference to the Department of Labor’s regulation 29 CFR Section 552.109(a). According to this regulation, employees paid by third-party agencies and not directly by their service users who might be families or households are categorized under the section for “companionship services” and thus, are exempted from the benefits of overtime and minimum wage offered by FLSA. However, reversing the judgment of the District Court, the US Court of Appeals for the Second Circuit argued that the regulation of “companionship services” was actually a delusion of the statute and thus, was unenforceable on legal grounds. Hence, the regulation was not eligible to obtain lawful deference, either Chevron or Skidmore (OYEZ, “Long Island Care At Home, Ltd. V. Coke”). This particular ruling can be identified with reference to Auer v. Robbins, 519 U.S. 452 (1997) and Christensen v. Harris County 529 U.S. 576 (2000) that had put a limit rendering Chevron deference and with reference to the case Gonzales v. Oregon, 546 U.S. 243 (2006) that criticized Skidmore deference (Administrative Law Review, “Cases on Deference”). However, the opinion of Justice Stephen Breyer stressed that the regulation, even if under the section “Interpretations”, was legitimate undergoing “full public notice-and-comment procedures”. Breyer argued that the case was a common illustration of defendants “filling a statutory gap” and thus, deference rendered by each court stating that the regulation was “valid and binding” was unlawful. This made the regulation valid, remanding the judgment of the previous two courts (OYEZ, “Long Island Care At Home, Ltd. V. Coke”). ISSUES The main issues or questions from the case of Long Island Care At Home, Ltd V. Coke, indicated towards the treatment of statutory gap persisting in the regulations included under the section “Interpretations” and its applicability to prove Chevron deference [Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.] (Cornell University Law School, “Chevron, U.S.A., Inc., Petitioner, v. Natural Resources Defense Council, Inc., et al. American Iron And Steel Institute, et al., Petitioners, v. Natural Resources Defense Council, Inc., et al. William D. Ruckelshaus, Administrator, Environmental Prot”). The issues centered in the case also pointed on the possibility that the Second Circuit might have made a mistake in ruling the regulation as “unpersuasive” and thereby, exempting it from being applicable to Skidmore deference either (OYEZ, “Long Island Care At Home, Ltd. V. Coke”). DECISIONS The decision to the case had undergone three rounds of prosecutions. First, in the District Court, it was ruled that the “third party regulation was valid and controlling” ...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
(“Case Brief: LONG ISLAND CARE AT HOME, LTD v. COKE, 551 US 158 (2007) Essay”, n.d.)
Retrieved from
(Case Brief: LONG ISLAND CARE AT HOME, LTD V. COKE, 551 US 158 (2007) Essay)
“Case Brief: LONG ISLAND CARE AT HOME, LTD V. COKE, 551 US 158 (2007) Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Palsgraf v. The Long Island Railroad

Palsgraf v. The Long Island Railroad 248 N.Y. 339, 162 N.E. 99, 1928 N.Y.Lexis 1269 (N.Y Most courts still apply Cardozo’s point of view regardingcausation (Beatty & Samuelson, 154). In this case, the Court through Justice Cardozo ruled essentially that the defendant guard’s conduct in helping one of the passengers board the train whose package fell, “was not a wrong in its relation to the plaintiff, standing far away” (Palsgraf v. the Long Island Railroad). The package wrapped in a newspaper contained fireworks which exploded and which struck the plaintiff, causing injuries (Palsgraf v. the Long Island Railroad). Cardozo in its decision ruled that such an act in relation to the plaintiff was not negligence (Palsgraf v. the Long I...
1 Pages (250 words) Essay

Case Brief : Terry v. Ohio

...? Case Brief: Terry v. Ohio of the of the For many years now, Police in the United s have engaged in investigative practices which are commonly known as ‘Stop and Frisk’. This process normally involves the stopping of a person or vehicle with the purpose of interrogation or a brief investigation. This process is sometimes accompanied by a ‘pat down’ search of the outer clothing or apparel of the suspect, done with a view to ensure that the person is unarmed. While this mechanism is common place in today’s high risk world, its validity juxtaposed to the Fourth Amendment was examined by the Hon’ble United States Supreme Court in the case of Terry v. Ohio, 392 U.S. 1 (1968). This Case Brief will discuss the factual matrix of this case...
4 Pages (1000 words) Case Study

Palsgraf v. Long Island Railroad Co

.... One of the most significant law of tort cases in the US is the Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. 99 (N.Y. 1928). The case can aptly be described as significant since its effects shaped and established the concepts of the scope of business liability, the relevance of proximate cause and the limits of negligence. A Brief Summary on the Case At the heart of the case is Mrs. Helen Palsgraf who was waiting on a Long Island Railway train platform, until two men approached running after a train. As a security officer helped one of the men get on board, the man dropped his package. Since this luggage contained explosives, an explosion of a very powerful scale resulted there-from. This resulted in Palsgraf’s injury. Mrs...
5 Pages (1250 words) Essay

Case Brief: Wyeth v. Levine

...? Case Brief: Wyeth v. Levine Table of Contents I. Facts 3 II. Issue 4 III. Decision 4 IV. Reasons 5 References 8 I. Facts Wyeth markets the drug Phenergan, the generic name of which is promethazine hydrochloride, which is indicated for nausea, as an antihistamine medication. In its injectable form, it can be administered either as a drip, known as an IV-drip, or as a vein-injectable, in a procedure known as an IV-push. It is known that Phenergan can cause gangrene when it is able to get into the artery of a patient, because of its corrosive nature. Such is the case with the plaintiff Levine in this case, whose right hand and later the whole forearm was amputated following the entry of Phenergan into her artery by way of an inadvertent...
3 Pages (750 words) Essay

Terry v. Ohio Case Brief

...?Terry v. Ohio Case Brief The short of Terry v. Ohio can be explained as the U.S. Supreme Court decision that upheld the 4th amendment prohibition pertaining to unreasonable search and seizures. The decision of the court states that the 4th Amendment right is not violated when a police officer stops a suspect in the street and proceeds to frisk him even though there is no visible probably cause to arrest the person. Rather, the act of the police officer is done upon his or her suspicion that a crime may be undertaken because of a sense or reasonable belief that the person in question may be armed and presently dangerous. This was the decision that the courts reached when they read the facts of the case as per the petition of John W. Terry...
3 Pages (750 words) Case Study

Case Brief - MATHEWS v. ELDRIDGE, 424 US 319 (1976)

...?Case Brief - MATHEWS v. ELDRIDGE, 424 US 319 (1976) AND CITATION The case i.e. MATHEWS v. ELDRIDGE, 424 US 319 (1976) is a proceeding of Supreme Court, related to the termination of benefits linked with social security of Mr. George Eldridge on his disability. The petitioner in this case was Mr. F. David Mathews, while the defendant was Mr. George Eldridge (OYEZ, “Mathews v. Eldridge”; Legal Information Institute, “Powell, J., Opinion of the Court”). FACTS OF THE CASE MATHEWS v. ELDRIDGE, 424 US 319 (1976) is a litigation of the Supreme Court of the United States, which is related with securing the social benefits of the US citizens. The case is provided with much significance in the development of administrative law in the United States...
3 Pages (750 words) Essay

Case Brief - McGurn v Bell

...Case Brief RE: McGurn v. Bell Microproducts, Inc. Facts George McGurn met with the president of the Bell microproducts who gave the position of the company. At that meeting, gave a condition that for him to take the employment offer by Bell, he should be issued with a contract in the written form inclusive a termination clause specifying that in case his contract was terminated he will be given half his commissions plus six months’ salary. Following several discussions with an official from Bell, Bell issued him with a contract devoid of the termination clause which he rejected. During one of these discussions, McGurn said that a termination clause covering his initial twenty four months of service was considerable which he says Bell did...
2 Pages (500 words) Essay

Case Brief U.S v. Hinkley

...Case Brief U.S Vs Hinkley Facts On March 30, 1981, a man d John W. Hinckley Junior shot the then US President Ronald Reagan in an attempt to assassinate him. During the process, he hit and wounded four people who were present on the scene: President Reagan, the Presidential Press Secretary, a Secret Service Agent and a Metropolitan Police Officer. Hickley was immediately arrested and subsequently faced trial for prosecution in the Legal Court of the Columbia district of the USA. Hinckley’s lawyers argued that he was suffering from schizophrenia and his actions were a result of his impaired mind. The defense attorneys also presented medical evidence in the Court which supported their claim. On July 21, 1982, the jury acquitted Hinckley...
2 Pages (500 words) Essay

Case Brief: J.D.B v. North Carolina

...Case Brief: J.D.B v. North Carolina Procedural History The case of J.D.B. v. North Carolina was decided by the Supreme Court of North Carolina. It was appealed up to the Supreme Court of North Carolina from the trial court to the North Carolina Court of Appeals, and finally to the State Supreme Court. Facts Relevant facts to the case having a bearing on the final verdict of the court included whether investigator, DiCostanzo’s taking J.D.B. to the conference room of the school for questioning constituted custodial arrangement of questioning, wherein the accused was not provided Miranda alerts, and that he was forced to make and sign the statements. Another critical fact pertained the age of J.D.B., which according to the decision...
2 Pages (500 words) Case Study

Seawest Services Association v Copenhaver Case Brief

...Seawest Services Association v Copenhaver Case Brief Case 11.2 Seawest Services Association v Copenhaver 166 Wash. App. 1006 (2012). Court of Appeal of Washington Issue Seawest Services Association have responsibility of supplying water in and out of a housing development. Residents inside the housing development received water services from Seawest at a fee. Residents outside the housing development that received the water services were also required to pay the supply and maintenance fee. The Copenhavers were limited members of the housing development, they purchased a house outside the housing development but received water services from Seawest Services Association. The Copenhavers paid for the water services for eight years since...
1 Pages (250 words) Case Study

The Speciality of Colonial Heights Health Care

Colonial Heights Health care and rehabilitation center provides interdisciplinary support for the medical and physical needs of the patient with sickness and injury. They include neurological events, orthopedic surgery, oncology care, and general surgery. Other medical services comprise IV Infusion Therapy, specialised Alzheimer’s care, tracheotomy care, wound care management, rehabilitative nursing, occupational and speech therapy, etc. Respite care of the hospital provides clinical, psychological and emotional assistance through caregivers for patients who require additional support. Social Services of the health care center include volunteer programs, café dining, special outing, family gatherings, social service c...
12 Pages (3000 words) Assignment

Chilled Vehicles and Special Care of Products

Hiring another company or the third party to man the operations of the fleet of vehicles can put the company down. That would be like dealing with new employees who are not really working for the company, and who do not know our products. It will also be tantamount to revealing the secrets of our products and company that we have treasured all through the years. The best option is to work on the fleet of vehicles and get the right people to handle the operations. 
There are doubts as to the exact number of vehicles we have to purchase since these are all plans and some hypotheses. But we tried to scale down our output, made some estimates and inside surveys, and come out to some numbers, which were reached by calculating...
8 Pages (2000 words) Assignment

Decision Making in Health and Social Care

..., would rise. This is because the consumer’s purchasing power increases when his real income increases. Consumer sovereignty principle illustrates the fact that in a free market economy the consumer is free to consume what he wants. However, the consumer’s sovereignty does not have meaning if he/she is unable to buy what he/she wants. This paradox is solved through government intervention in the provision of those merit goods such as health care and education. On the other hand agency theory indicates that conflicts between principals (e.g. shareholders or owners) and agents (e.g. mangers) occur as a result of the latter misrepresenting facts and misinterpreting information so that resources can be diverted to uses...
8 Pages (2000 words) Case Study

The Idea of Liberty in Sam Slime Case

... the tax. Block also presents an interesting scenarios regarding money and its source and use and presents the following suppositions from a Libertarian viewpoint: 1. Say XYZ gets $50m from the State. You say giving money to XYZ is donating money to the state. 2. Suppose XYZ were a private college but received $50m in state subsidy. Is donating money to it also donating money to the state? 3. If so, what is the dollar threshold of state funding? If a private college receives even $1 in government funding, is giving money to the college illegitimate? (Block 22) So in the case of “giving” money in both scenarios, is the first wrong because Sam Slime is a criminal and the second right because the government has the taxing authority...
8 Pages (2000 words) Coursework

Analysis of OReilly v Mackman Case

Judicial review is a concept which is constitutionally undecided as it on one side, it shores up the rule of law, democracy, and pre-eminence of parliament by facilitating the courts to check the boundaries of government authority and on another side, the courts are open to the decision on the plants based on the fact of separation of authorities that are intimating with the verdicts of democratically elected institutions. Judicial review is not apprehended with the virtues of government assessment but deals with whether the deciding authority has remained within the legal boundaries and whether broad principles of rationality and fairness adhere. The constitutional basis of judicial review is debated as one view holds that it is...
8 Pages (2000 words) Case Study

Malnutrition: A Long Standing Problem among Children

Poverty majorly affects young children and it makes infants very prone to being malnourished. In Africa the situation is probably the worst when compared with any other continent, poverty has completely overshadowed the development of the people there and several young children die because of malnourishment. People who cannot afford even one square meal a day are the ones who are predominantly affected by malnourishment.

 Nutrition is pivotal for growth and progression of normal life and also a disease-free life. It is imperative for everybody and much more important in the case of children and infants because they are in their maximum growth stage. Malnutrition at this stage can have serious repercussions for the...
10 Pages (2500 words) Coursework

Analysis of Tourism and Hospitality Law Case

 The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm.

Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“

It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.

In th...
8 Pages (2000 words) Case Study

The Interprofessional Practice and the Health Care System

This is also the position Stone (2007) takes in the quote under discussion.
Furthermore, Stone goes on to declare that Australia has been very slow to implement this practice as compared with other countries and government agencies. One of the primary reasons is that the public policy system in Australia is quite complex and the decision-makers have not come into agreement on where to place it in the policy matrix. This leaves Interprofessional Practice and Education in the dark (or the cold) as far as strategic planning for implementation as well as placing itself within the funding cycles of the government disbursements. (Stone, 2007)
Policies are created in order to put in place how politicians and government official...
6 Pages (1500 words) Assignment

Identification of problems in the Criminal Justice System of the US

They are on trial and will be dealt with fairly. These laws ensure that no one, even if he or she has committed a crime is abused or punished cruelly.
Following the history of civilization like in china, we see the traces of systems for Criminal justice in order to provide safety for the citizens. Evolving through the years laws have been modified and changed to form the system that we know today.
 From its start, the “U.S. criminal justice system” has advocated the idea of “checks and balances”. To avoid dictatorial rule, the people who founded this system in such a way that one person was not given control or authority completely to punish the criminals. The idea of assigning a ‘jury...
6 Pages (1500 words) Assignment

International Affairs v. Liberalism

As a matter of fact, Hoffman’s statement that “international affairs is the nemesis of liberalism” has a grain of truth in it and this is especially so after the 9/11 incident.
There are two schools of thought or perspectives that are used to view international affairs: liberalism and realism. The study of these two perspectives is significant to the idea posed by Stanley Hoffman because they determine the reasons why international affairs, according to him, does not only see eye-to-eye with liberalism but seems to stand on the opposing side of it.
Liberalism can be defined as having four elements: citizens; the legislature; property rights, and; a market-driven economy (Dunne 186). Realism, on the othe...
6 Pages (1500 words) Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Case Brief: LONG ISLAND CARE AT HOME, LTD v. COKE, 551 US 158 (2007) for FREE!

Contact Us