Latest 2 Cases: Cunningham v. Castloo (Civil Rights), McMillan v. Amazon.com, Inc. (Products Liability)

Joe, Joey, Joe-Baby, Sexist: Where’s Your Imposter Syndrome?

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman responds to a recent Wall Street Journal op-ed criticizing soon-to-be First Lady Jill Biden for using the academic title she earned. Professor Grossman dissects the op-ed, penned by a retired lecturer at Northwestern University, and explains the deep and pervasive sexism behind it.

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Cunningham v. Castloo

Docket: 20-40082

Opinion Date: December 18, 2020

Judge: E. Grady Jolly

Areas of Law: Civil Rights, Constitutional Law, Labor & Employment Law

The Fifth Circuit reversed the district court's denial of qualified immunity to defendant in an action brought by plaintiff, alleging 42 U.S.C. 1983 claims premised on the denial of a name-clearing hearing in violation of procedural due process. The court held that the alleged violative nature of defendant's conduct was not clearly established as unconstitutional. In this case, the law was not clearly established that plaintiff's request "to speak with" defendant constituted a request for a name-clearing hearing in the context of the court's "stigma-plus-infringement" test, such that denying the request would amount to a procedural-due-process violation.

McMillan v. Amazon.com, Inc.

Docket: 20-20108

Opinion Date: December 18, 2020

Judge: Don R. Willett

Areas of Law: Products Liability

The Fifth Circuit certified the following question to the Supreme Court of Texas: Under Texas products-liability law, is Amazon a "seller" of third-party products sold on Amazon's website when Amazon does not hold title to the product but controls the process of the transaction and delivery through Amazon's Fulfillment by Amazon program?