Case Citator › Melvin D. Reuber v. United States of America (Two Cases.) Melvin D. Reuber v. Food Chemical News (Two Cases.)

Melvin D. Reuber v. United States of America (Two Cases.) Melvin D. Reuber v. Food Chemical News (Two Cases.)

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
D.C. Circuit
Citation
750 F.2d 1039
Decided
Confirmed treatments
1
Flagged citations read
36 of 36
Citing cases (total)
36
Treatment dates
1994
Overruled in part
A reviewed court has overruled part of this case’s holding. Reuber v. United States was overruled in part on damages claims against private corporate federal contractors. The D.C.
More on how this was screened

Circuit held in Kauffman v. Anglo-American School of Sofia that Reuber's assumption allowing those claims could not survive the Supreme Court's later FDIC v. Meyer decision. The Supreme Court subsequently rejected corporate Bivens liability in Correctional Services Corp. v. Malesko. Reuber's separate venue and personal-jurisdiction principles continue to be cited. All 36 flagged citations have been read; the confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

36 later cases cite Melvin D. Reuber v. United States of America (Two Cases.) Melvin D. Reuber v. Food Chemical News (Two Cases.); 36 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Overruled in part

  • The D.C. Circuit rejected Reuber's allowance of damages claims against private corporate federal actors after the Supreme Court ruled against Bivens suits targeting federal agencies.

    Kauffman v. Anglo-American School of Sofia · D.C. Circuit · filed

    Having answered that question in the affirmative, Reu-ber and its fellow cases simply assumed without analysis that private entities were no less susceptible to Bivens actions than private individuals. See, e.g., Reuber, 750 F.2d at 1058 (Wald, J.) (“private status ... is not alone sufficient to counsel hesitation in implying a damages remedy”). Even before Meyer, other courts had rejected this assumption. See Shannon v. General Electric Co., 812 F.Supp. 308, 323 (N.D.N.Y.1993) (dismissing Bivens complaint because it was filed against private corporation instead of against individual corporate officers). But whatever its intrinsic appeal, Reuber’s assumption does not survive Meyer.
    Read the full opinion on CourtListener →

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