Bringing Home the Supply Chain

SAMUEL ESTREICHER, JONATHAN F. HARRIS

NYU law professors Samuel Estreicher and Jonathan F. Harris describe how the COVID-19 pandemic is forcing the United States to confront the problem of unchecked globalization. Estreicher and Harris argue that once the pandemic subsides, U.S. policymakers should, as a matter of national security, mandate that a minimum percentage of essential supplies be manufactured domestically.

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Unconstitutional Chaos: Abortion in the Time of COVID-19

JOANNA L. GROSSMAN, MARY ZIEGLER

SMU Dedman School of Law professor Joanna L. Grossman and Florida State University law professor Mary Ziegler discuss the abortion bans implemented in several states in response to the COVID-19 pandemic. Grossman and Ziegler explain why the bans are constitutional and comment on the connection between the legal challenges to those bans and the broader fight over abortion rights.

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Bratton v. Sisters of Charity of Leavenworth Health System, Inc.

Citation: 2020 MT 86

Opinion Date: April 14, 2020

Judge: James A. Rice

Areas of Law: Antitrust & Trade Regulation, Banking, Consumer Law

The Supreme Court affirmed the district court's order granting summary judgment in favor of Sisters of Charity of Leavenworth Health System, Inc. (SCL) on Cheryl Bratton's claims, holding that the district court did not err by granting summary judgment to SCL. This case stemmed from SCL's practice of issuing refunds to its patients, for such reasons as overpayment on an account, in the form of prepaid MasterCard debit cards issued through Bank of America. Plaintiff brought this suit alleging, among other claims, constructive trust based on unjust enrichment, unfair trade practices under the Montana Consumer Protection Act (MCPA), money had and received, and declaratory judgment. During discovery, SCL asked Bank of America to issue checks to Bratton for her refunds, which Bank of America did. The district court granted summary judgment for SCL. The Supreme Court affirmed, holding that the district court did not err by granting summary judgment to SCL on Bratton's claims and by denying Bratton's cross motions for summary judgment.

In re A.L.P.

Citation: 2020 MT 87

Opinion Date: April 14, 2020

Judge: Beth Baker

Areas of Law: Family Law

The Supreme Court affirmed the order of the district court terminating Father's parental rights to his child, A.L.P., holding that the district court erred when it based its finding that Father's treatment plan was unsuccessful solely on Father's incarceration, but the error was harmless. In terminating Father's parental rights, the district court found that Father had not successfully completed his treatment plan. The court further found clear and convincing evidence to conclude that the child was adjudicated as a youth in need of care, that Father had not successfully completed his treatment plan, that his conduct or condition was unlikely to change within a reasonable time, and that it was in the best interests of the child to terminate Father's parental rights. The Supreme Court affirmed, holding (1) the court erred in finding that Father failed successfully to complete his treatment plan resulting solely from his incarceration, but the error was harmless in light of the fact that the district court made express findings that rendered a treatment plan unnecessary; and (2) the district court did not abuse its discretion when it concluded that it was in the child's best interests to terminate Father's parental rights.