John Dellaportas and Mary Pennisi of Morgan, Lewis & Bockius write: While key cases are still winding their way through appeals, to date the district courts have been reluctant to give 'Janus' its full scope, relying instead on a number of exceptions grounded in language from the decision. It will soon be for the circuit courts to determine whether these district court decisions draw meaningful distinctions from the central 'Janus' decision, or instead manifest an underlying philosophical difference with the Supreme Court precedent.
Wading Through 'Janus', Two Years Later
New York Law Journal
September 9, 2013