Latest Case: Banki v. Fine (Government & Administrative Law)

What Will the Court Say About Religious Freedom?

LESLIE C. GRIFFIN

UNLV Boyd School of Law professor Leslie C. Griffin comments on the oral argument the U.S. Supreme Court heard this week in Espinoza v. Montana Department of Revenue, which presents the justices with questions about the meaning of the Free Exercise and Establishment Clauses of the First Amendment. Griffin describes the questioning by the justices and predicts that the outcome in this case will demonstrate how many justices still believe in the separation of church and state.

Read More

Banki v. Fine

Dockets: 15-96, 17-17

Opinion Date: January 22, 2020

Judge: Francis X. Flaherty

Areas of Law: Government & Administrative Law

The Supreme Court affirmed an order and judgment of the superior court granting the Rhode Island Department of Health's (Department) motion to dismiss Physicians' complaint, quashed a later judgment of the superior court granting the physicians' motion to enter default judgment against the Department, and remanded this case for further proceedings, holding that a default judgment against an agency in this case was inappropriate. The Department made a finding of unprofessional conduct against Physicians. Physicians move to dismiss the charges filed against them. The hearing officer denied the motion. Physicians then filed a complaint appealing the order. A hearing justice granted the Department's motion to dismiss the complaint without prejudice to them seeking review after they had exhausted their administrative remedies. The Supreme Court then granted Physicians' petition for writ of certiorari, and a second hearing justice granted Physicians' motion to enter default judgment because the Department did not submit the certified administrative record of the appeal. The Supreme Court held (1) the first hearing justice correctly found that the case was interlocutory and therefore premature; and (2) the second hearing justice exceeded his discretion when he entered default judgment in favor of Physicians.