Should Anyone Care that Sexual Assault is “Out of Character” for Biden?

SHERRY F. COLB

Cornell law professor Sherry F. Colb considers what people mean when they say that a sexual assault allegation seems “out of character” for a particular person and explains why that reasoning is logically flawed. Focusing on differences between how people behave publicly and privately, Colb argues that the lack of an observed pattern of sexual misconduct is not evidence that a person did not engage in sexual misconduct on a specific occasion.

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County of San Mateo v. Peabody Energy Corporation

Dockets: 18-3242, 19-1767

Opinion Date: May 6, 2020

Judge: Arnold

Areas of Law: Bankruptcy

After Peabody was reorganized, three California municipalities filed suit against Peabody and more than thirty other energy companies for their alleged contributions to global warming. The bankruptcy court enjoined the municipalities from pursuing their claims against Peabody. The district court affirmed. The Eighth Circuit affirmed and held that all the claims in the complaint are directed at Peabody's pre-bankruptcy conduct and are barred. The court rejected the municipalities' claim that the Environmental Law provision exempted their claims from discharge. The court held that their common-law claims against Peabody are "state or local equivalents" of "statutes, regulations and ordinances concerning pollution," holding that the bankruptcy court reasonably concluded that when the definition of Environmental Law mentioned state or local equivalents, it was talking about equivalents to the ten federal statutes listed, not equivalents to statutes, regulations and ordinances concerning pollution. Furthermore, the municipalities have not demonstrated that their common law claims are equivalent to the listed federal statutes. The court also rejected a second provision that the municipalities rely on for the survival of their claims, which exempts from discharge a governmental claim brought "under any . . . applicable police or regulatory law." The court disagreed with the municipalities' contention that, since their representative public-nuisance claim entitles them only to the equitable remedy of abatement, it is not dischargeable in bankruptcy.