Latest 2 Cases This Week: Mitchell v. Bailey (5th Cir.), In re N.K. (N.C.)

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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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Mitchell v. Bailey

Court: US Court of Appeals for the Fifth Circuit

Docket: 19-51123

Opinion Date: December 14, 2020

Judge: Carolyn Dineen King

Areas of Law: Civil Procedure, Constitutional Law, Native American Law

Plaintiff filed suit against defendant and the Hoopa Valley Tribe for violations of state tort and contract law. The district court, ruling on a Federal Rule of Civil Procedure 12(b)(1) motion to dismiss, found sovereign immunity barred suit against defendant, in his official capacity, and the Hoopa Valley Tribe, dismissing the claims with prejudice. The Fifth Circuit held that it lacked original jurisdiction, concluding that the district court did not have federal-question jurisdiction over this case; the Hoopa Valley's presence as a party to the suit destroyed complete diversity and thus the district court did not have diversity jurisdiction under 28 U.S.C. 1332; and the district court did not have supplemental jurisdiction over this case under 28 U.S.C. 1367. The court also held that the district court erred when it dismissed claims pursuant to Rule 12(b)(1) with prejudice. Accordingly, the court vacated in part, affirmed the dismissal in part, reversed in part, and remanded with instructions to dismiss without prejudice.

In re N.K.

Court: North Carolina Supreme Court

Docket: 54A20

Opinion Date: December 11, 2020

Judge: Ervin

Areas of Law: Family Law, Native American Law

The Supreme Court remanded this termination of parental rights case to the trial court, holding that while the trial court correctly applied North Carolina law in terminating Mother's parental rights, the case should be remanded for further proceedings intended to ensure compliance with the Indian Child Welfare Act (ICWA), 25 U.S.C. 1901-1963. The trial court found that Mother's parental rights were subject to termination under N.C. Gen. Stat. 7B-1111(a)(1) and (2) and that termination of Mother's parental rights would be in the child's best interests. The Supreme Court remanded the case, holding (1) the trial court did not abuse its discretion by failing to conduct an inquiry into the issue of whether a guardian ad litem should have been appointed for Mother; (2) the trial court did not err in determining that Mother's parental rights were subject to termination for neglect and that termination of Mother's parental rights was in the child's best interests; and (3) this case should be remanded for further proceedings concerning whether the notice of ICWA were complied with and whether the child was an Indian child for purposes of ICWA.