How Allen v. Cooper Breaks Important New (if Dubious) Ground on Stare Decisis

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar comments on language in a recent U.S. Supreme Court decision, Allen v. Cooperdiscussing constitutional stare decisis in the context of state sovereign immunity. Amar points out some of the problems with the Court’s jurisprudence on state sovereign immunity and Congress’s Section 5 power, and he questions the Allen majority’s embrace of a “special justification” requirement for constitutional stare decisis.

Read More

Stromberger Farms, Inc. v. Johnson

Citation: INC. v. JOHNSON, 2020 S.D. 22

Opinion Date: April 8, 2020

Judge: Jensen

Areas of Law: Contracts

In this dispute over the sale proceeds from an auction of cattle the Supreme Court affirmed in part and reversed in part the entry of partial summary judgment on Plaintiff's claim for the sale proceeds, holding that Defendant had a right to pursue his disputed claim for an additional $12,500. Pursuant to the terms of a sales agreement Plaintiff purchased cows and calves from Defendant. The agreement required Plaintiff to pay for the cattle in installments, with Defendant retaining a security interest in the cattle. After Plaintiff sold the remaining cows purchased from Defendant at auction Plaintiff calculated a payoff to Defendant to satisfy the balance of the agreement, with a remaining balance paid to Plaintiff. When Defendant refused to allow any of the sale proceeds to be released from the auction barn Plaintiff brought this action. The circuit court granted Plaintiff's motion for partial summary judgment on its claim for the sale proceeds and entered judgment against Defendant for $185,718. The Supreme Court held (1) Defendant's appeal from the order denying his motion for change of venue is dismissed for lack of jurisdiction; and (2) disputed facts existed concerning Defendant's claim that he was owed an additional $12,500 under the sales agreement.

State v. Ware

Citation: 2020 S.D. 20

Opinion Date: April 8, 2020

Judge: David Gilbertson

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the circuit court denying Defendant's motion for judgment of acquittal after a jury found Defendant guilty of aggravated assault, holding that there was sufficient evidence to support the verdict. After a trial, the jury found Defendant guilty of aggravated assault. Defendant moved for judgment notwithstanding the verdict, which the circuit court denied. The court sentenced Defendant to a seven-year term of imprisonment, suspended in favor of probation for three years. Defendant appealed the denial of his motion for judgment of acquittal. The Supreme Court affirmed, holding that the State proved every element of aggravated assault, and a rational trier of fact could have found Defendant guilty beyond a reasonable doubt.

Olson v. Slattery

Citation: 2020 S.D. 21

Opinion Date: April 8, 2020

Judge: Devaney

Areas of Law: Insurance Law, Personal Injury

The Supreme Court affirmed the judgment of the circuit court concluding that coverage did not exist under an automobile insurance policy issued to Shelby Olsons' parents or an automobile policy issued to the shooter for injuries sustained by Shelby when she was struck by a bullet while riding in the backseat of her parents' vehicle, holding that the circuit court did not err. Shelby was struck by a bullet when the driver of another vehicle fired a handgun at the Olsons' vehicle. At issue was whether coverage for Shelby's injuries existed under the automobile policy issued to her parents or under the automobile policy issued to the shooter. The circuit court concluded that coverage did not exist under either policy because the injuries did not arise out of the use of a vehicle and, alternatively, were not caused by an accident. The Supreme Court affirmed, holding that the circuit court did not err in granting summary judgment in favor of the insurance companies.