Latest 3 Cases This Week: Reppucci v. Nadeau (Me.), Mississippi Comm'n on Judicial Perf. v. Bozeman (Miss.), Oregon ex rel Rosenblum v. Nisley (Or.)

In Ruth We Trust: How the Pregnant Workers Fairness Act Can Promote Women’s Equal Citizenship and Justice Ginsburg’s Legacy

JOANNA L. GROSSMAN

In honor of the late Justice Ruth Bader Ginsburg, SMU Dedman School of Law professor Joanna L. Grossman explains how the Pregnant Workers Fairness Act (PWFA) can promote women’s equal citizenship and protect Justice Ginsburg’s legacy of shaping gender equality. Grossman argues that the PWFA could help break down entrenched occupational segregation in the American economy, and, in so doing, honor Justice Ginsburg’s lifelong commitment to ensuring that women can be full members of society.

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A Half Century After Its Publication, What Can “The Greening of America” Tell Us About the United States Today?

RODGER CITRON

In recognition of the 50-year anniversary of the publication of Charles Reich’s “The Greening of America,” Touro law professor Rodger D. Citron explains what Reich actually said in “The Greening,” explains why it generated such a strong response, and reflects on what the piece has to say about the fractures of our current moment. Citron cautions that the promise of a new consciousness is as alluring—and may be as illusory—as it was when Reich wrote the article and book, 50 years ago.

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Reppucci v. Nadeau

Court: Maine Supreme Judicial Court

Citation: 2020 ME 114

Opinion Date: September 22, 2020

Judge: Andrew M. Mead

Areas of Law: Professional Malpractice & Ethics

The Supreme Judicial Court affirmed the judgment of the superior court awarding Plaintiff $91,172, plus costs and interest, on her legal malpractice complaint arising from Defendant's representation of her in a divorce action, holding that the jury was correctly instructed concerning Plaintiff's burden to prove proximate cause. On appeal, Defendant challenged the jury instructions concerning some of Plaintiff's claims for damages. Specifically, Defendant argued that the court erred in instructing the jury on Plaintiff's burden to prove proximate cause using language first discussed in Niehoff v. Shankman & Associates Legal Center, P.A., 763 A.2d 121 (Me. 2000). The Supreme Judicial Court disagreed, holding (1) the "modified" or "failure to plead" proximate cause standard in Niehoff and other cases is not an independent alternative test but is, rather, a case-specific application of the proximate cause standard applied in legal malpractice cases; and (2) the trial court properly instructed the jury in this case.

Mississippi Comm'n on Judicial Perf. v. Bozeman

Court: Supreme Court of Mississippi

Citation: 2020-JP-00121-SCT

Opinion Date: September 24, 2020

Judge: Griffis

Areas of Law: Legal Ethics, Professional Malpractice & Ethics

Following an investigation, the Mississippi Commission on Judicial Performance determined that Copiah County Justice Court Judge Teresa Bozeman had violated Canons 1, 2A, 2B, 3B(2), 3B(7), and 3C(1) of the Code of Judicial Conduct as well as Mississippi Code Section 9-11-9 (Rev. 2019). During her tenure on the bench, Judge Bozeman’s conduct resulted in violations of the Code of Judicial Conduct and Mississippi Code Section 9-11-9. Specifically, Judge Bozeman (1) initiated improper ex parte communications to investigate a pending civil matter, (2) failed to comply with the statutory limitations of money judgments in justice court, and (3) retaliated against a complainant who filed a complaint with the Commission. The Commission found that Judge Bozeman’s conduct constituted willful misconduct in office and conduct prejudicial to the administration of justice that brought the judicial office into disrepute, actionable under article 6, section 177A, of the Mississippi Constitution. The Commission recommended that Judge Bozeman be suspended from office without pay for thirty days, be publicly reprimanded, and be fined $1,000. After review, the Mississippi Supreme Court found the agreed recommendation was appropriate and commensurate with similar cases of misconduct. Thus, the joint motion was granted, and Judge Bozeman was suspended from office without pay for thirty days, was publicly reprimanded, and fined $1,000.

Oregon ex rel Rosenblum v. Nisley

Court: Oregon Supreme Court

Docket: S067690

Opinion Date: September 24, 2020

Judge: Flynn

Areas of Law: Legal Ethics, Professional Malpractice & Ethics

Respondent Eric Nisley was elected to the office of Wasco County District Attorney and began serving a four-year term in January 2017. After respondent’s election, the Oregon State Bar charged him with several violations of the Oregon Rules of Professional Conduct. The Oregon Supreme Court ultimately reviewed the case against respondent, concluded that he had committed some of the charged violations, and imposed the sanction of a 60-day suspension from the practice of law, beginning February 2020. The Supreme Court agreed to exercise its original jurisdiction in the nature of quo warranto to determine whether respondent was the lawful holder of that office. The dispute turned on whether the 60-day suspension from the practice of law caused respondent to “cease[ ] to possess” a qualification for holding office—thus creating a vacancy in the public office—as contemplated by ORS 236.010(1)(g). The Supreme Court concluded respondent’s brief suspension from the practice of law did not render the office of Wasco County District Attorney vacant.