Latest 3 Cases: Prantil v. Arkema Inc. (Class Action), United States v. Warren (Criminal Law), Keel v. Saul (Public Benefits)

Should the Law Prohibit Anti-Fat Discrimination?

SHERRY F. COLB

Cornell law professor Sherry F. Colb explores the problem of fat discrimination and considers what a law of anti-fat discrimination might look like, and why it could be important. Professor Colb explores the similarities and differences between legally protected characteristics and fatness and expresses optimism that a change in law could persuade some individuals to recognize fat people for the colleagues, students, friends, partners, and neighbors that they are.

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Members-Only Unionism is Lawful and Can Make Sense

SAMUEL ESTREICHER

NYU law professor Samuel Estreicher responds to an op-ed by Ron Holland criticizing the recent announcement of a members-only union of 300 Google workers. Professor Estreicher points out several errors and assumptions in Mr. Holland’s piece, and he argues that, in sum, there is no good public policy case for barring or restricting members-only unionism.

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Prantil v. Arkema Inc.

Docket: 19-20723

Opinion Date: January 22, 2021

Judge: Higginbotham

Areas of Law: Class Action

Plaintiffs filed a class action against Arkema, a chemicals facility that combusted during Hurricane Harvey, seeking redress for the physical and financial effects of the incident, which released toxic ash and smoke into the surrounding communities and caused the evacuation of nearby residents. The Fifth Circuit vacated the district court's class certification order and remanded for further proceedings under Federal Rule of Civil Procedure 23. The court explained that, when the cementing of relationships among proffered class members of liability or damages or both turns on scientific evidence, the court must insist that the metric of admissibility be the same for certification and trial. Therefore, the Daubert hurdle must be cleared when scientific evidence is relevant to the decision to certify. In its certification order, the court concluded that the district court was not as searching in its assessment of the expert reports' reliability as it would have been outside the certification setting. Furthermore, the district court's certification order did not discuss the considerations affecting the administration of trial, and it concluded that common questions would predominate without adequately addressing Arkema's arguments that causation, injury, and damages would be highly individualized. The court also concluded that the relative balance of concededly common claim elements to contested elements of causation and injury warrants closer attention. Finally, the court concluded that the current record does not compel the conclusion that plaintiffs' medical and property injuries are incapable of being addressed by classwide injunctions. The court remanded for further proceedings.

United States v. Warren

Docket: 19-10805

Opinion Date: January 22, 2021

Judge: Don R. Willett

Areas of Law: Criminal Law

The Fifth Circuit affirmed Defendant Martinez and Warren's convictions and sentences for multiple federal charges for their roles in a telemarketing timeshare-exit scam that bilked millions from owners eager to escape timeshares they could no longer afford. The court held that the evidence was sufficient to support Martinez's convictions for conspiracy (Count One), mail fraud (Counts Two through Six), and wire fraud (Counts Seven and Eight); the district court did not err or abuse its discretion by permitting the timeshare owners to testify about their conversations with telemarketers; the district court did not err by imposing consecutive six-month sentences under 18 U.S.C. 2326(1); the district court did not clearly err in determining that Warren was a "manager or supervisor" and applying a three-level increase to his offense level under USSG 3B1.1(b); and Martinez's contention that the district court's restitution order violated his Sixth Amendment right to a jury trial is foreclosed by circuit precedent.

Keel v. Saul

Docket: 20-10728

Opinion Date: January 22, 2021

Judge: Catharina Haynes

Areas of Law: Public Benefits

The Fifth Circuit affirmed the district court's decision upholding the Commissioner's denial of supplemental security income and disability insurance benefits to plaintiff. The court explained that, although the ALJ did not mention the Stone standard, it did cite Social Security Ruling (SSR) 85-28, 1985 WL 56856 (Jan. 1, 1985), a policy statement issued to clarify the agency’s process for determining non-severe impairments. The court held that SSR 85-28 comports with the Stone standard. The court also held that, even if the ALJ failed to properly apply the Stone standard, the error is harmless. In this case, plaintiff does not meaningfully address how the ALJ's application of SSR 85-28 (instead of citing Stone) produced a different outcome in her case.