Black Lives Matter Is Not Just A Slogan

JOSEPH MARGULIES

Cornell law professor Joseph Margulies calls for meaningful and lasting change—not just lip service—to demonstrate that black lives do indeed matter. Margulies points out that “black lives matters” cannot merely be a slogan; to effect true change, we must adopt policies beyond empty gestures to protect and lift up black Americans, including policies that might make our own lives less comfortable.

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Liability Shield Will Not Lead to a Safer Reopening

SAMUEL ESTREICHER, ELISABETH CAMPBELL

NYU law professor Samuel Estreicher and rising 2L Elisabeth H. Campbell argues that a liability shield for companies who follow federal administrative guidance in reopening workplaces during COVID-19 will not lead to significantly less litigation, nor will it help ensure workplaces are safe. Estreicher and Campbell explain why the liability shields being proposed would not preclude protracted litigation.

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Hoang v. Lowery

Docket: 17/19

Opinion Date: June 5, 2020

Judge: Booth

Areas of Law: Bankruptcy

The Court of Appeals reversed the judgment of the Court of Special Appeals reversing the judgment of the circuit court quashing Respondent's writ of garnishment, holding that Md. Code Ann. Cts. & Jud. Proc. (CJ) 5-102(a)(3) does not operate to toll the statute of limitations on claim against a bankruptcy debtor that does not result in a dismissal of the petition. Petitioner was an insolvent debtor participating in an active bankruptcy case. Respondent was an unsecured creditor of Petitioner who held a claim in Petitioner's bankruptcy case arising from a judgment he obtained against her. Respondent sought to garnish the proceeds of a settlement Petitioner received that the bankruptcy court, but Petitioner argued that Respondent's judgment had expired under Md. Code Ann. Cts. & Jud. Proc. (CJ) 5-102(a)(3) because it had not renewed it. The circuit court quashed the writ of garnishment. The Court of Special Appeals reversed, holding that CJ 5-202 tolled the statute of limitations. The Court of Appeals reversed, holding that under the plain language of section CJ 5-202, the statute does not operate to toll the statute of limitations on a claim against a bankruptcy debtor that does not result in a dismissal of the petition.

Wynne v. Comptroller of Maryland

Docket: 12/19

Opinion Date: June 5, 2020

Judge: Robert N. McDonald

Areas of Law: Constitutional Law, Tax Law

The Court of Appeals affirmed the decision of the circuit court holding that the General Assembly's amendment of the Maryland tax code authorizing the State Comptroller to pay refunds to taxpayers affected by a provision held to be invalid and providing for the State to pay interest on those refunds at a certain rate did not violate the dormant Commerce Clause of the federal Constitution. This litigation arose when Appellants challenged the credit allowed by State law against a Maryland resident's income tax liability based on taxes the resident paid to other states on income derived from those states. The Court of Appeals and the Supreme Court agreed with Appellants' argument that the tax scheme violated the dormant Commerce Clause. In response, the General Assembly amended the tax code. After the Comptroller issued Appellants a refund in compliance with the new legislation, Appellants appealed, seeking a higher rate of interest on the refunds. Following an administrative ruling in Appellants' favor, the circuit court held that the interest rate did not violate the dormant Commerce Clause. The Court of Appeals affirmed, holding that Appellants failed to meet their burden of showing discrimination in effect.