Design v. Schneiderman, s. 13–4533

Decision Date29 September 2015
Docket Number13–4537.,Nos. 13–4533,s. 13–4533
Citation803 F.3d 94
PartiesEXPRESSIONS HAIR DESIGN, Linda Fiacco, The Brooklyn Farmacy & Soda Fountain, Inc., Peter Freeman, Bunda Starr Corp., Donna Pabst, Five Points Academy, Steve Milles, Patio. Com LLC, David Ross, Plaintiffs–Appellees, v. Eric T. SCHNEIDERMAN, in his official capacity as Attorney General of the State of New York, Cyrus R. Vance, Jr., in his official capacity as District Attorney of New York County, Charles J. Hynes, in his official capacity as District Attorney of Kings County, Defendants–Appellants.
CourtU.S. Court of Appeals — Second Circuit
OPINION TEXT STARTS HERE

Editor's Note: The opinion of the United States Court of Appeals, Second Circuit, in Expressions Hair Design v. Schneiderman, published in the advance sheet at this citation, 803 F.3d 94, was withdrawn from the bound volume because it has been amended and superseded. For superseding opinion, see 2015 WL 8537667.

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7 cases
  • United States v. Doe
    • United States
    • U.S. District Court — Eastern District of New York
    • October 29, 2015
    ...prong), or “(2) lacks ‘explicit standards for those who apply [it]’ ” (the arbitrary enforcement prong). Expressions Hair Design v. Schneiderman, 803 F.3d 94, 118 (2d Cir.2015) (alteration in original); United States v. Rosen, 716 F.3d 691, 699 (2d Cir.2013). “The ‘touchstone’ of the notice......
  • Rowell v. Pettijohn
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • March 2, 2016
    ...law, reversing the district court. Expressions Hair Design v. Schneiderman, 808 F.3d 118 (2d Cir.), amending and superseding 803 F.3d 94 (2d Cir.2015). Conversely, the eleventh circuit held Florida's anti-surcharge law violated merchants' First Amendment free-speech rights. Dana's R.R. Supp......
  • Expressions Hair Design v. Schneiderman, 100
    • United States
    • New York Court of Appeals Court of Appeals
    • October 23, 2018
    ...statute.The United States Court of Appeals for the Second Circuit vacated the District Court's judgment (see Expressions Hair Design v. Schneiderman, 803 F.3d 94 [2d Cir. 2015] ), interpreting the statute to prohibit the plaintiffs' desired single-sticker pricing scheme but reasoning that t......
  • Dana's R.R. Supply v. Attorney Gen.
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • November 4, 2015
    ...New York statute banning all credit card surcharges in the face of a free-speech challenge.5 See Expressions Hair Design v. Schneiderman, 803 F.3d 94, 106 (2d Cir.2015). The court began with the basic premise that "prices, although necessarily communicated through language, do not rank as ‘......
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