Latest 2 Cases: Burton v. Benner (Personal Injury), Cavanaugh's Sports Bar & Eatery, Ltd. v. Porterfield (Personal Injury)

An Important Second Circuit Ruling on Sanctuary Jurisdictions May Have Reached the Right Result, but En Route it Misread the Momentous Sebelius Supreme Court Ruling on Conditional Federal Funding to States

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar comments on a recent decision by the U.S. Court of Appeals for the Second Circuit regarding so-called “sanctuary” jurisdictions. Amar argues that while the Second Circuit may have arrived at the correct conclusion of law, it also misunderstood the Supreme Court’s decision in NFIB v. Sebelius, in which the Court struck down the “Medicare expansion” provision of the Affordable Care Act as unconstitutionally coercive. Amar points out that in Sebelius, the Court found the fact that the Medicare expansion provision of the ACA vitiated the terms of a preexisting deal was sufficient to hold that provision coercive.

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Burton v. Benner

Docket: 19S-CT-549

Opinion Date: March 3, 2020

Judge: Steven H. David

Areas of Law: Personal Injury

The Supreme Court affirmed the judgment of the trial court awarding summary judgment in favor of Indiana State Trooper Martin Benner and dismissing Plaintiff's claim against Benner in his personal capacity after the two were involved in an accident, holding that, although there was some evidence that Trooper Benner was not in strict compliance with State Police policy at the time of the accident, this was not enough to place him "clearly outside" the scope of his employment. At the time of the accident, Trooper Benner was off duty but was operating his state issued police commission, as allowed under the State Police policy. The trial court awarded summary judgment for Benner, concluding that although Benner was off duty he was otherwise in substantial compliance with State Police policy in operating his commission and was therefore not clearly outside the scope of his employment. The Supreme Court affirmed, holding that there was no genuine issue of material fact as to whether Benner was acting clearly outside the scope of his employment.

Cavanaugh's Sports Bar & Eatery, Ltd. v. Porterfield

Docket: 20S-CT-88

Opinion Date: March 3, 2020

Judge: Mark S. Massa

Areas of Law: Personal Injury

The Supreme Court reversed the judgment of the court of appeals affirming the judgment of the trial court denying Cavanaugh's Sports Bar & Eatery's motion for summary judgment as to Eric Porterfield's complaint alleging negligence after a sudden fight in the bar's parking lot at closing time left him seriously injured, holding that, under the facts of this case, Cavanaugh's owed no duty to protect Porterfield from the parking lot brawl. In his complaint, Porterfield alleged that Cavanaugh's breached its duty to protect him when Cavanaugh's had experienced criminal activity for years prior to the attack on Porterfield. Cavanaugh's filed a motion for summary judgment arguing that it owed no duty to Porterfield because the incident was unforeseeable. The trial court denied the motion, and the court of appeals affirmed. The Supreme Court reversed, holding that Cavanaugh's had no duty to protect Porterfield because no evidence showed that Cavanaugh's knew the fight was impending.