The Real Insidious Part of Dershowitz’s Impeachment Defense

VIKRAM DAVID AMAR, EVAN CAMINKER

Illinois law dean Vikram David Amar and Michigan Law dean emeritus Evan Caminker discuss Harvard Law professor Alan Dershowitz’s explanation of why he stands (virtually) alone in his views on impeachment—that all the scholars who disagree with him are biased partisans. Amar and Caminker explain why this claim is so insidious, with effects lasting well beyond the span of the current presidency.

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United States v. DiMartino

Docket: 18-2053

Opinion Date: February 4, 2020

Judge: Dennis G. Jacobs

Areas of Law: Criminal Law, White Collar Crime

The Second Circuit affirmed defendant's 70-month sentence for tax offenses. The court held that the district court did not abuse its discretion by denying his post‐trial request for a competency hearing based chiefly on his adherence to the Sovereign Citizen movement. The court held that the record supported the district court's conclusion that defendant's words and actions reflected his anti‐government political views and legal theories rather than an inability to understand the proceedings against him. The court also held that the district court did not abuse its discretion in deciding to give no weight to the report of defendant's expert, because the report was based on insufficient facts and data, and the district court did not abuse its discretion in finding that the expert employed unreliable principles and methods. Finally, even if the court were to conclude that the district court improperly relied on another expert's testimony without explicitly ruling on its admissibility or reliability under Federal Rule of Evidence 702, the error would be harmless.

Lockhart v. MTA Long Island Railroad

Docket: 17-2725

Opinion Date: February 4, 2020

Judge: Ralph K. Winter, Jr.

Areas of Law: Labor & Employment Law, Transportation Law

The Federal Rail Safety Act (FRSA) does not prevent employers from requesting reasonable documentation to assure themselves that employees' absences are legitimate. The Second Circuit affirmed the district court's grant of MTA's motion for summary judgment and dismissal of plaintiff's claims for failure to establish a prima facie case of retaliation under the FRSA. Plaintiff, a locomotive engineer, alleged that MTA was liable for disciplinary action against him when he failed to report to work while under the influence of a prescribed narcotic. The court held that there was no reason to conclude that the FRSA precludes employers from implementing standard policies reasonably designed to verify employees' appropriate use of medical leave. In this case, plaintiff failed to demonstrate that his absences, when unaccompanied by SLA-28 forms, were protected activity, as directly required by element (i), and indirectly by (ii) and (iv).

Fisher v. SD Protection Inc.

Docket: 18-2504

Opinion Date: February 4, 2020

Judge: Chin

Areas of Law: Labor & Employment Law

When a district court concludes that a proposed settlement in a Fair Labor Standards Act case is unreasonable in whole or in part, it cannot simply rewrite the agreement, but it must instead reject the agreement or provide the parties an opportunity to revise. The Second Circuit vacated the district court's approval of a settlement agreement in an FLSA case where the district court modified the agreement by increasing the portion of the settlement funds to be paid to plaintiff while reducing attorneysʹ fees and costs to be paid to his counsel. The court held that the district court abused its discretion in rewriting the settlement agreement by modifying the allotment of the settlement funds. Furthermore, the district court erred in concluding that the maximum fee percentage that plaintiff's counsel may retain in an FLSA suit is generally limited to 33% of the total settlement amount. Therefore, the panel remanded for further proceedings.