Latest 3 Cases This Week: In re K.B. (Cal. Ct. App.), Grothen v. Grothen (Neb.), Mesi v. Mesi (Nev.)

One More for the Road: Why Congress Must Impeach Donald Trump (Again)

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, makes the case for impeaching Donald Trump again, after the failed insurrection of January 6. Falvy describes three possible ways to disempower Trump from undermining democracy in our nation and explains why immediate impeachment by the House and removal by the Senate is the most appropriate course of action.

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In re K.B.

Court: California Courts of Appeal

Docket: B305420(Second Appellate District)

Opinion Date: January 5, 2021

Judge: Wiley

Areas of Law: Family Law

The Court of Appeal affirmed the juvenile court's orders exercising jurisdiction over mother's three children and removing them from their parents. The court held that the trial court properly found that the mother's conduct put her children at substantial risk of serious physical harm. The court explained that the mother routinely disappeared from her children's lives at about 5:00 p.m. until they woke her the next morning for school; it was reasonable for the juvenile court to infer the mother's drug use had something to do with this conduct; and the resulting failure to supervise the children put them at serious risk. The court also held that sufficient evidence supports the finding that father's substance abuse put one of the children, J.N., at a substantial risk of serious physical harm. Finally, sufficient evidence supports the juvenile court's dispositional order removing the children.

Grothen v. Grothen

Court: Nebraska Supreme Court

Citation: 308 Neb. 28

Opinion Date: December 31, 2020

Judge: Lindsey Miller-Lerman

Areas of Law: Family Law

The Supreme Court affirmed the decision of the court of appeals affirming the district court's order denying Timothy Grothen's application for modification of his alimony obligation in the decree dissolving his marriage to Martha Grothen, holding that the court of appeals reached the correct result when it affirmed the denial of modification of alimony. In affirming the district court's order denying modification, the court of appeals concluded that because the original alimony award was agreed upon by the parties as part of a property settlement agreement, the alimony provision could not be modified in the absence of gross inequity or fraud. The Supreme Court affirmed, holding (1) the district court properly used the "good cause" standard set out in Neb. Rev. Stat. 42-365 and correctly determined that, under that standard, modification was not appropriate; and (2) the court of appeals erroneously review the district court's decision under a gross inequity standard but nevertheless reached the correct result when it affirmed the denial of modification of alimony.

Mesi v. Mesi

Court: Supreme Court of Nevada

Citation: 136 Nev. Adv. Op. No. 89

Opinion Date: December 31, 2020

Judge: Stiglich

Areas of Law: Family Law

In this divorce action in which Wife filed first in California and Husband filed second in Nevada, the Supreme Court reversed the district court's order dismissing the Nevada case, holding the the district court erred by dismissing the case immediately after the judge made a personal phone call without providing the parties an opportunity to respond. The district court judge in this case called the California superior court judge, discussed the case with the California judge, and then after verifying that the California case was filed first, dismissed the Nevada case. Neither Husband nor Wife was present or represented during the call. The Supreme Court reversed, holding (1) a district court may not independently investigate facts in a pending matter by communicating ex parte with another court without giving the parties an opportunity to respond; and (2) where the same action is filed in two courts, and a party contests the first court's jurisdiction, the second court should ordinarily stay the action to permit the first court to decide the issue of its jurisdiction. The Supreme Court remanded the case with instructions to enter a stay.