Is Anyone Surprised That Our Norm-Busting President Ignored the Debate Rules?

MICHAEL C. DORF

Cornell law professor Michael C. Dorf comments on last night’s presidential debate between President Trump and former Vice President Biden. Dorf observes that Trump’s repeated violations of the agreed-upon rules of the debate; his outrageous substantive comments refusing to condemn white supremacy (and instead naming a specific white supremacist group) and declining to say he would accept the outcome of the election; and his callous response to Biden’s mention of Biden’s deceased son Beau should alert any yet unaware Americans to the fact that Trump has no sense of decency.

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In re: Adams

Citation: 2020 OK 80

Opinion Date: September 29, 2020

Judge: James R. Winchester

Areas of Law: Bankruptcy, Civil Procedure

Boardman, LLC, a custom heavy metal fabricator, employed Debtor Eddie Joe Adams as a sales representative for approximately 33 years. Adams and his employer entered into an Employment Agreement in 2013 (Original Agreement). The Original Agreement covered a period of ten years (until January 1, 2023) and compensated Adams through regular salary, bonuses, and severance. On January 1, 2014, Adams and his employer entered into the First Amendment to the Original Agreement (First Amendment) that included an additional performance incentive in the form of a "Deferred Bonus." In 2017, Adams executed an Amended and Restated Employment Agreement (Restated Agreement), which had a term until January 1, 2020. On January 1, 2019, the Deferred Bonus fully vested, and on October 31, 2019, Adams filed a voluntary chapter 7 bankruptcy petition. Boardman, LLC did not renew the Restated Agreement, and it expired on January 1, 2020. Adams received his first payment of $41,634.14, less withholding tax, under the Deferred Bonus on January 2, 2020. In his bankruptcy filings, Adams claimed the Deferred Bonus (payable over 5 years) as exempt under 31 O.S.2011, section 1(A)(20). The Bankruptcy Trustee Susan Manchester (Trustee) objected to the exemption. The United States Bankruptcy Court for the Western District of Oklahoma certified a question of law to the Oklahoma Supreme Court concerning whether the Deferred Bonus was exempt. The Supreme Court determined this was a question of first impression, and concluded the deferred bonus was not exempt as "retirement plan or arrangement qualified for tax exemption or deferment purposes" as required to be exempt under 31 O.S.2011, section 1(A)(20).

Toch, LLC v. City of Tulsa

Citation: 2020 OK 81

Opinion Date: September 29, 2020

Judge: Darby

Areas of Law: Business Law, Civil Procedure, Constitutional Law, Government & Administrative Law, Zoning, Planning & Land Use

Defendant the City of Tulsa (City), passed an ordinance creating a tourism improvement district that encompassed all properties within City which had hotels or motels with 110 or more rooms available for occupancy. Plaintiff-appellee Toch, LLC owned Aloft Downtown Tulsa (Aloft) with 180 rooms. Toch petitioned for a declaratory judgment that the ordinance was invalid for a variety of reasons, including that the district did not include all hotels with at least 50 rooms available. The court granted summary judgment to Toch based on its determination that City exceeded the authority granted in title 11, section 39-103.1. The question before Oklahoma Supreme Court was whether section 39-103.1 granted authority to municipalities to limit a tourism improvement district to a minimum room-count of a number larger than 50. To this, the Court answered in the affirmative, reversed the trial court, and remanded for further proceedings.