Oprah Interview as Truth Commission – Part II: What Counts as Success?

LESLEY WEXLER

In this second of a series of columns, Illinois Law professor Lesley C. Wexler continues analogizing Oprah’s interview with Meghan and Harry to a truth commission and describes some goals against which we might measure the success of a truth commission. Professor Wexler proposes such measures as (1) whether the commission finishes its mandate and widely disseminates its findings, (2) whether it establishes a definitive narrative of the relevant abuses, and (3) whether it serves as catharsis for individual victims. She suggests that although some initial facts on the ground are negative, reform and reconciliation are still possible.

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Supreme Court Rules that Claims of Nazi-Era Expropriation of Jewish Property Are Barred by Germany’s Sovereign Immunity

SAMUEL ESTREICHER, JULIAN KU

NYU Law professor Samuel Estreicher and Hofstra Law professor Julian G. Ku comment on a recent decision by the U.S. Supreme Court, holding that the doctrine of sovereign immunity bars claims based on Nazi-era expropriation of Jewish property. Professors Estreicher and Ku argue that the unanimous decision in that case, Germany v. Philipp reflects a now-solid trend of Roberts Court decisions limiting the reach of U.S. law and jurisdiction to stay within the territory of the United States while also avoiding controversial and unsettled interpretations of international law.

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United States v. Wright

Docket: 20-2102

Opinion Date: March 23, 2021

Judge: Thapar

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

Wright, a member of a motorcycle gang, distributed cocaine. When Wright’s co-conspirator, Moore, fought with other members of the conspiracy, Wright agreed to kill him for $50,000, drove to Ohio, and shot Moore in the head while he slept. Wright and his co-conspirators used a welding torch to destroy evidence, which they dumped into Lake Huron. Wright later helped steal several airplanes because he and his co-conspirators had stolen drugs belonging to the Medellín Cartel and needed to repay them. One plane belonged to the U.S. Forestry Service. Federal agents eventually arrested Wright and his co-conspirators. The co-conspirators cooperated; Wright was convicted of murder for hire, interstate travel in aid of a violent crime, and conspiracy to possess with intent to distribute and to distribute cocaine and was sentenced to two terms of life imprisonment, plus five years. Nineteen years into his sentence, Wright sought compassionate release, citing the COVID-19 pandemic and health problems, including obesity, cataracts, diabetes, end-stage renal disease, and peripheral vascular disease, which has led to several amputations. Collectively, the illnesses are terminal. The Sixth Circuit affirmed the denial of relief. The 18 U.S.C. 3553(a) sentencing factors did not warrant relief. The district court acknowledged Wright’s recent remorse, health problems, and rehabilitative efforts, but found that other considerations— his criminal history and disciplinary violations—outweighed these factors.

Nolan v. Detroit Edison Co.

Docket: 19-1867

Opinion Date: March 23, 2021

Judge: Jane Branstetter Stranch

Areas of Law: ERISA

In 2002, Nolan’s employer, DTE, created a cash balance pension plan and invited its existing employees to transfer from their traditional defined benefit plan to the new plan. Nolan accepted. When she retired in 2017, DTE told Nolan that her monthly pension benefit would be what she had accrued as of 2002 under the old plan, despite her participation in the new cash balance plan. Nolan brought a class action under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001(a)–(b), alleging that DTE made misleading promises and failed to explain the new plan’s risks. The district court dismissed. The Sixth Circuit affirmed in part, finding Nolan’s procedural claim untimely. Even accepting Nolan’s allegations as true, Nolan failed to state a claim under ERISA section 204(h); DTE satisfied the requirement to make a good faith effort to comply even though the notice provided to employees was ultimately inadequate under ERISA section 102. Reversing in part, the court found that Nolan stated a plausible claim that DTE’s notice was defective under section 102 because it failed to describe the plan in a manner understandable to the average participant that employees transferring to the new plan would not actually receive any new benefits if the benefit accrued under the new plan did not catch up to their frozen traditional plan benefit or the effect that interest rates could have on depreciating the already-earned benefits during conversion.