Latest 3 Cases: Lesage v. Twentieth Judicial District Court (Criminal Law), Dannels v. BNSF (Labor & Employment Law), Shepherd v. State (Labor & ...

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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Lesage v. Twentieth Judicial District Court

Citation: 2021 MT 72

Opinion Date: March 23, 2021

Judge: Sandefur

Areas of Law: Criminal Law

The Supreme Court denied Petitioner's petition for writ of supervisory control reversing an order of the Montana Twentieth Judicial District Court denying Petitioner's motion to substitute the presiding judge, the Honorable Deborah Kim Christopher, in the underlying matter, holding that Petitioner was not entitled to the writ. Petitioner was the defendant in the underlying matter. The district court denied Petitioner's motion for substitution of judge, concluding that it was not timely filed in accordance with the statutory filing fee requirement set out in Mont. Code Ann. 3-1-804(3). The Supreme Court agreed with the district court that Petitioner did not timely file her substitution motion in accordance with the statutory filing fee requirement and therefore declined to exercise supervisory control under the circumstances in this case.

Dannels v. BNSF

Citation: 2021 MT 71

Opinion Date: March 23, 2021

Judge: Shea

Areas of Law: Labor & Employment Law, Personal Injury

The Supreme Court affirmed the judgment of the district court denying BNSF Railway Company summary judgment and entering final judgment in favor of Robert Dannels, holding that the Federal Employers' Liability Act (FELA) does not preempt an injured railroad employee's state law bad faith claims. Dannels was employed by BNSF when he suffered a disabling back and spine injury. Dannels sued BNSF under FELA to recover damages, and the jury returned a verdict in Dannels' favor. Dannels subsequently filed claims for bad faith and punitive damages against BNSF. The district court entered final judgment against BNSF. The Supreme Court affirmed, holding that the district court properly determined that the FELA does not preempt a railroad worker's right to seek redress for all bad faith conduct in the adjustment of a claim.

Shepherd v. State

Citation: 2021 MT 70

Opinion Date: March 23, 2021

Judge: Shea

Areas of Law: Labor & Employment Law

The Supreme Court reversed the order of the district court dismissing Plaintiff's claim brought under the Wrongful Discharge from Employment Act (WDEA) as time-barred, holding that the district court erred by granting summary judgment in favor of the Department of Corrections (DOC). In granting summary judgment for the DOC, the district court held that since Plaintiff's grievance procedures took longer than 120 days from the date of her termination her claim was untimely. The Supreme Court reversed, holding (1) the limitation period on Plaintiff's WDEA claim was tolled from the time she commenced her grievance until the grievance procedures were exhausted; and (2) excluding the period during which the limitation period was tolled, Plaintiff timely filed her claim within the one-year statute of limitations.