Should Anyone Care that Sexual Assault is “Out of Character” for Biden?

SHERRY F. COLB

Cornell law professor Sherry F. Colb considers what people mean when they say that a sexual assault allegation seems “out of character” for a particular person and explains why that reasoning is logically flawed. Focusing on differences between how people behave publicly and privately, Colb argues that the lack of an observed pattern of sexual misconduct is not evidence that a person did not engage in sexual misconduct on a specific occasion.

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Farley v. City of Claremore

Citation: 2020 OK 30

Opinion Date: May 5, 2020

Judge: James E. Edmondson

Areas of Law: Civil Procedure, Government & Administrative Law, Labor & Employment Law, Personal Injury

Plaintiff Shelli Farley, a surviving spouse of a former City of Claremore fireman, successfully obtained a death benefits award in the Workers' Compensation Commission. She then brought a District Court action for damages alleging the death of her spouse was caused by negligence and an intentional tort committed by her spouse's employer who was a local government entity. She argued her action was also for the benefit of her surviving child, as well as the surviving parents and brother of the deceased. The Oklahoma Supreme Court concluded after review of the trial court record, that a tort action for damages suffered by a surviving spouse, surviving child, and parents of a deceased adult child did not survive for the purpose of a 12 O.S. 1053 wrongful death action when: (1) The wrongful death action arises from an injury compensable by an exclusive workers' compensation remedy and the tort action is brought against the employer of the deceased; and (2) the employer can claim sovereign immunity. In this case, the wrongful death injury was adjudicated and compensated by a successful workers' compensation claim after the death of the decedent. This successful adjudication demonstrated the decedent's injury was exclusively before the Commission and not cognizable as a District Court claim at the time of decedent's death. The parents' action for loss of companionship damages was extinguished at the time of decedent's death and did not survive. And the City was immune from suit because the tort claim against it was for liability for an injury properly compensated by a claim before the Workers' Compensation Commission. The brother of the deceased did not possess a wrongful death § 1053 action for loss of consortium. Furthermore, the Court concluded plaintiff lacked standing to seek injunctive relief. Dismissal of this case was affirmed.

Rogers v. Estate of Pratt

Citation: 2020 OK 27

Opinion Date: May 5, 2020

Judge: Yvonne Kauger

Areas of Law: Trusts & Estates

The Oklahoma Supreme Court granted certiorari to address whether a child placed for adoption was a pretermitted heir under the terms of the will. The decedent, Judith K. Pratt, left her entire estate to her caregivers and friends, neglecting any family. Her son, plaintiff-appellant Robinson Rogers, which she gave up for adoption at birth but whom she later established a relationship with, objected to the admittance of Pratt's will to probate. He alleged that he was a pretermitted heir, and that the will was procured as the result of undue influence by Pratt's caregivers. The trial court determined that Rogers was not a pretermitted heir and admitted the will to probate. Rogers appealed and the Court of Civil Appeals affirmed. After review of the trial court record, the Supreme Court held that Rogers qualified as a pretermitted heir, and that the evidence was insufficient to show that the omission was intentional.