Representatives for both Flanagan and Trader Joe’s did not immediately respond to requests for comment.
The Second Circuit panel included U.S. Circuit Judges Denny Chin, Richard J. Sullivan, and Steven J. Menashi.
Flanagan is represented by Meaghan C. Kirby and Joshua R. Goodbaum of Garrison Levin-Epstein Fitzgerald & Pirrotti PC. Trader Joe’s is represented by Anjali Sudhir Dalal, Jeffrey R. Babbin, Mary Gambardella, and Caroline B. Park of Wiggin and Dana LLP.
The case is Flanagan v. Trader Joe’s East, Inc., case number 24-675, in the U.S. Court of Appeals for the Second Circuit.