Hard Cases

JOSEPH MARGULIES

Cornell law professor Joseph Margulies uses the killing of Rayshard Brooks in Atlanta by police to explain some lessons for reform we might learn. Margulies calls upon us to use this case to reexamine the circumstances that should result in a custodial arrest and to shrink the function of police so as to use them only in the very few situations that truly require them.

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In re Estate of Franken

Court: Iowa Supreme Court

Docket: 18-0261

Opinion Date: June 12, 2020

Judge: McDonald

Areas of Law: Contracts, Real Estate & Property Law, Trusts & Estates

The Supreme Court reversed the judgment of the district court ruling that Plaintiffs' claim seeking contract damages was barred by the limitations period set forth in Iowa Code 614.17A, holding that the district court erred in granting summary judgment. John and Dessie Rottinghaus filed a claim in the Estate of Sandra Franken, alleging that the Estate sold certain real estate in violation of their right of first refusal to purchase the real estate. The executor disallowed the claim and moved for summary judgment, claiming that section 614.17A barred the Rottinghauses' claim. The district court granted the motion for summary judgment, concluding that the statute of limitations precluded the Rottinghauses' claim for damages. The Supreme Court reversed, holding (1) section 614.17A applies only to actions seeking to recover or establish an interest in or claim to real estate filed against the holder of the record title; and (2) neither the merger doctrine, the statute of frauds, the indirect effect of section 614.17A, nor the statute of limitations in section 614.1(5) barred the Rottinghauses' damages action.

Youngblut v. Youngblut

Court: Iowa Supreme Court

Docket: 18-1416

Opinion Date: June 12, 2020

Judge: Edward M. Mansfield

Areas of Law: Trusts & Estates

The Supreme Court reversed the judgment in favor of Plaintiff in this will contest, holding that a claim alleging that the decedent's will resulted from tortious interference by a beneficiary must be joined with a timely will contest and otherwise is barred. Mother and Father died within one day of each other, and their 2014 mirror wills were probated. Plaintiff decided to forgo a timely contest to Mother's will but then later brought a suit for tortious interference against a Beneficiary of the will, arguing that the Beneficiary exercised improper and undue influence over Mother. The jury returned a verdict in favor of Plaintiff. The Supreme Court reversed, holding (1) the common law and principles of claim preclusion do not permit a tortious interference with inheritance claim alleging an improperly obtained will to go forward outside normal probate deadlines and proceedings; and (2) Plaintiff's tortious interference claim was a de facto substitute for a will contest based on undue influence and was thus barred because it was not brought in conjunction with a timely will contest.

Brown v. Sojourner

Court: South Carolina Supreme Court

Docket: 27982

Opinion Date: June 17, 2020

Judge: Donald W. Beatty

Areas of Law: Civil Procedure, Trusts & Estates

Respondent Tommie Rae Brown sought to establish she was the survivor of the late entertainer James Brown, who died in 2006. An issue arose in the context of Respondent's claims for an elective or omitted spouse's share of Brown's estate. There was uncertainty as to Respondent's marital status because she did not obtain an annulment of her first recorded marriage until after her marriage ceremony to Brown. In January 2004, Brown filed an action to annul his marriage to Respondent, indicating the parties had recently separated. Brown alleged he was entitled to an annulment because Respondent never divorced her first husband, so their purported marriage was void ab initio. Brown asked that Respondent "be required to permanently vacate the marital residence" and noted the parties had executed a prenuptial agreement that resolved all matters regarding equitable division, alimony, and attorney's fees. Respondent's omitted spouse claims were transferred to the circuit court, which granted her motion for partial summary judgment, and denied a similar motion by the Limited Special Administrator and Trustee (LSA). The circuit court found that as a matter of law, Respondent was Brown's surviving spouse. The South Carolina Supreme Court granted certiorari review of claims made by several of Brown's children, and after such review, concluded Respondent was not Brown's surviving spouse. Consequently, the court of appeals' decision affirming the circuit court was reversed, and the matter remanded to the circuit court for further proceedings. The circuit court was directed upon remand to promptly proceed with the probate of Brown's estate in accordance with his estate plan.