Should the Law Prohibit Anti-Fat Discrimination?

SHERRY F. COLB

Cornell law professor Sherry F. Colb explores the problem of fat discrimination and considers what a law of anti-fat discrimination might look like, and why it could be important. Professor Colb explores the similarities and differences between legally protected characteristics and fatness and expresses optimism that a change in law could persuade some individuals to recognize fat people for the colleagues, students, friends, partners, and neighbors that they are.

Read More

Members-Only Unionism is Lawful and Can Make Sense

SAMUEL ESTREICHER

NYU law professor Samuel Estreicher responds to an op-ed by Ron Holland criticizing the recent announcement of a members-only union of 300 Google workers. Professor Estreicher points out several errors and assumptions in Mr. Holland’s piece, and he argues that, in sum, there is no good public policy case for barring or restricting members-only unionism.

Read More

Butler v. Parks

Docket: 1190043

Opinion Date: January 22, 2021

Judge: Mitchell

Areas of Law: Civil Procedure, Government & Administrative Law

Two attorneys filed a complaint to recover fees they billed in the course of representing indigent defendants in criminal cases, and sought to certify several classes of plaintiffs. Specifically, they asserted that State officials improperly refused to pay bills for fees that exceeded statutory payment caps. The trial court entered a class-certification order, and the State officials appealed. Because State immunity barred the attorneys' request for retrospective monetary relief, and because the attorneys lacked standing to bring a constitutional challenge on behalf of indigent defendants, the Alabama Supreme Court reversed and remanded.

Ex parte Harbor Freight Tools USA, Inc.

Docket: 1190969

Opinion Date: January 22, 2021

Judge: Mendheim

Areas of Law: Civil Procedure, Personal Injury

Harbor Freight Tools USA, Inc. ("Harbor Freight"), petitioned the Alabama Supreme Court for a writ of mandamus to direct the Lowndes Circuit Court to vacate its order granting a motion to compel discovery in an action Thomas and Juanita Webster ("the Websters") brought against Harbor Freight and others and to enter a protective order involving the requested discovery. The Websters previously hired Randall "Bubba" Wills and Jason Little to construct and install an elevator system in their house. In November 2016, Wills repaired the elevator system. To complete the repairs, Wills purchased from Harbor Freight a "Haul Master" 4,000-pound lifting block. According to Harbor Freight, its instruction manual for the lifting block expressly stated that the lifting block should not be used to transport people in an elevator system. Despite a posted warning, Wills tested the elevator system and rode in the elevator basket with Thomas Webster after Wills had installed the lifting block and completed the repairs. In December 2016, the Websters, along with their son Robbie, were riding in the elevator basket when it fell. To the extent that Harbor Freight sought mandamus relief on the grounds that the trial court's July 16, 2020, order granting the Websters' motion to compel failed to limit discovery, the Supreme Court determined the petition for mandamus relief was premature because Harbor Freight failed to seek a protective order raising the need for those limitations on discovery after the trial court entered the order granting the Websters' motion to compel. To the extent that Harbor Freight sought mandamus relief based on the trial court's implicit denial of its motion to adopt its proposed protective order, the Court determined Harbor Freight failed to demonstrate that any information that might be disclosed by providing the requested documents warrants the protections outlined in the proposed protective order. Accordingly, Harbor Freight's petition was denied.

Ex parte McCoy, Scott, and Henderson.

Docket: 1190403

Opinion Date: January 22, 2021

Judge: Mitchell

Areas of Law: Civil Procedure, Personal Injury

James Olvey was killed when his vehicle was struck head on by a vehicle driven by Donald Wright II, who was driving the wrong way on Interstate 65 ("I-65") while attempting to flee the police. James Griffin, the personal representative of Olvey's estate, sued Wright, the City of Trafford ("Trafford"), the City of Warrior ("Warrior"), and other named and fictitiously named parties, alleging that they shared responsibility for Olvey's death. Over a year later, Griffin amended his complaint to substitute Trafford police officer Dylan McCoy and Warrior police officers Stephen Scott and James Henderson ("the defendant officers") for fictitiously named defendants. The defendant officers moved to enter a judgment in their favor, arguing that the amended complaint was untimely and thus barred by the applicable statute of limitations. The trial court denied their motion, and the defendant officers petitioned the Alabama Supreme Court for mandamus relief. After review of the trial court record, the Supreme Court determined Griffin had ample opportunity to discover the identities of the defendant officers before filing suit - and did not follow through. Therefore, he was not able to avoid the bar of the statute of limitations, and the defendant officers were entitled to the writ of mandamus.

Ex parte Michael Brown.

Docket: 1190962

Opinion Date: January 22, 2021

Judge: Sellers

Areas of Law: Civil Procedure, Personal Injury

Michael Brown petitioned the Alabama Supreme Court for a writ of mandamus to direct the Lee Circuit Court to dismiss, pursuant to Rule 12(b)(6), Ala. R. Civ. P., the complaint filed against him by Christopher Beamon. Brown claimed the complaint should have been dismissed on the basis that the claims asserted in the complaint were barred by the applicable statute of limitations and that the doctrine of equitable tolling was inapplicable to suspend the running of the limitations period. IN 2017, pedestrian Beamon was injured when he was struck by a vehicle driven by Brown; the accident occurred in Auburn. In 2019, Beamon filed a complaint in the United States District Court for the Middle District of Alabama, naming as defendants Brown and Geico Casualty Company. In that complaint, Beamon asserted state-law claims and purported to invoke the federal court's diversity jurisdiction. Despite alleging diversity jurisdiction, the complaint stated that both Beamon and Brown were citizens of Alabama. Brown answered the complaint, asserting as a defense lack of subject-matter jurisdiction. In his motion to dismiss, Brown asserted the federal court lacked subject-matter jurisdiction over the complaint because complete diversity of citizenship was lacking between him an Beamon. Beamon moved to amend his complaint, asserting Brown was a citizen of Georgia, or alternatively, if the evidence was insufficient to support diversity jurisdiction, the court allow equitable tolling of the statute of limitations, which would allow him to refile his claims in a state court. On November 22, 2019, while the federal case was pending, but after the two-year limitations period had run, Beamon filed a second complaint, this time in the Lee Circuit Court, asserting the same claims against Brown as he had asserted in the federal court. The federal court dismissed the complaint without prejudice. The Alabama Supreme Court determined Brown did not establish a clear legal right to dismissal of the complaint filed at circuit court. "This case does not come within the exception to the general rule that a petition for the writ of mandamus is not the appropriate means by which to seek review of the merits of an order denying a motion to dismiss."

Nix v. Myers

Docket: 1170224

Opinion Date: January 22, 2021

Judge: Stewart

Areas of Law: Civil Procedure, Personal Injury

Anthony Nix, a police officer for the City of Haleyville ("the City"), and the City appealed a judgment entered on a jury verdict in favor of John Myers. Myers filed suit asserting claims of negligence, wantonness, and negligence per se against Officer Nix and, based on the doctrine of respondeat superior, the City. Myers also asserted that the City had negligently and/or wantonly hired, trained, and supervised Officer Nix. The Alabama Supreme Court determined the trial court reversibly erred by providing the trial court to provide to the jury a copy of the statutes upon which the jury had been charged. Accordingly, Officer Nix and the City were entitled to a reversal of the judgment and a new trial.