Latest 2 Cases: City of Fort Smith v. Merriott (Class Action), Shelter Mutual Insurance Co. v. Lovelace (Insurance Law)

“He Took It Like a Man”: Harvey Weinstein’s Conviction and the Limits of Discrimination Law

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman comments on the recent conviction of Harvey Weinstein for criminal sexual assault in the first degree and rape in the third degree. Grossman points out that our country’s antidiscrimination laws do not actually protect the people they intend to protect, instead focusing on employer policies and procedures. She argues that we should take this opportunity to learn from the system of criminal law, which did work in this case, to fix the antidiscrimination laws that purport to protect against sexual harassment and misconduct.

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City of Fort Smith v. Merriott

Citation: 2020 Ark. 94

Opinion Date: February 27, 2020

Judge: Womack

Areas of Law: Class Action, Government Contracts

The Supreme Court reversed the order of the circuit court denying the City of Fort Smith's motion to compel class notice on Plaintiff's claims alleging illegal exaction and unjust enrichment against on the ground that the City waived notice by moving for summary judgment prior to class certification and notice, holding that the circuit court erroneously interpreted National Enterprises, Inc. v. Kessler, 213 S.W.3d 597 (Ark. 2005). Plaintiff alleged that the City misused public funds from the City's curbside residential recycling program. Twelve days after her complaint was filed Plaintiff moved for class certification. The City responded to the class certification motion and, separately, moved for summary judgment. The circuit court then certified the same class for both claims and, three months later, denied the City's motion for summary judgment. The City later filed its motion to compel class notice. The circuit court held that, under Kessler, the timing of the City's motion for summary judgment waived notice even though the motion was ultimately successful. The Supreme Court reversed, holding that the circuit court's decision was premised on an erroneous interpretation of the Supreme Court's decision in Kessler.

Shelter Mutual Insurance Co. v. Lovelace

Citation: 2020 Ark. 93

Opinion Date: February 27, 2020

Judge: Wynne

Areas of Law: Insurance Law

In this insurance dispute, the Supreme Court reversed the orders and judgment of the circuit court in favor of Edna Lyle Lovelace, holding that the circuit court erred in determining that Shelter Mutual Insurance Company's policy language excluding coverage for an intentional act, as applied to an innocent co-insured, is void against public policy. Shelter Mutual determined that Lovelace's husband, Frank Williams, caused the fire that destroyed Lovelace's home and its contents. Williams did by suicide inside the home and left a suicide note before the fire started. Shelter Mutual denied coverage to Lovelace in accordance with an exclusion precluding coverage for an intentional act. Lovelace brought this action, arguing that the policy language allowing Shelter Mutual to deny a claim by an innocent insured because of actions taken by another insured was void as against public policy. The circuit court ruled that the exclusion was void as against public policy and entered judgment against Shelter Mutual. The Supreme Court reversed, holding that the intentional-act exclusion as applied to an innocent co-insured was not void as against public policy.