Latest Case: Dominguez v. Otero (Personal Injury)

The Third-Party Doctrine vs. Katz v. Untied States

SHERRY F. COLB

Cornell law professor Sherry F. Colb proposes revising the third-party doctrine in a way that reconciles two of the U.S. Supreme Court’s decisions that some critics view as conflicting. Colb suggests that, contrary to what most critics argue and what she herself has long assumed, the prior decision, Katz v. United States rather than the later one, United States v. White, is the anomaly.

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Dominguez v. Otero

Docket: 18-343

Opinion Date: June 16, 2020

Judge: William P. Robinson, III

Areas of Law: Personal Injury

In this negligence action, the Supreme Court affirmed the order of the superior court denying Plaintiffs' motion for a new trial following a jury verdict in favor of Defendant, holding that the trial justice did not abuse his discretion in denying the motion for a new trial. Plaintiffs alleged that Defendant's negligence caused an automobile collision and that Plaintiffs suffered damages as a result. The jury rendered a verdict in favor of Defendant. Plaintiffs filed a motion for a new trial, which the trial justice denied. The Supreme Judicial Court affirmed, holding that the trial justice did not overlook or misconceive material evidence in finding that reasonable minds could differ as to whether Defendant was liable and that the trial justice correctly performed his role when ruling on Plaintiffs' motion for a new trial.