Justice Ginsburg’s Parting Gift

JOSEPH MARGULIES

Cornell law professor Joseph Margulies explains why the passing of Supreme Court Justice Ruth Bader Ginsburg last week should invigorate the left into seeking lasting change through the legislative and executive branches of government. Margulies points out that the myth of the Court as the ultimate defender of underrepresented minorities and the poor is, for much of the Court’s history, just a myth. He calls upon people everywhere to vote and make their will known, and he predicts that the Court will not stray far from the popular will.

Read More

JTF Aviation Holdings, Inc. v. CliftonLarsonAllen LLP

Docket: CV-19-0209-PR

Opinion Date: September 18, 2020

Judge: Montgomery

Areas of Law: Contracts

The Supreme Court held that the court of appeals erred by concluding that a contractual limitations provision can preclude nonparties to the contract from asserting tort claims that do not arise out of the contractual relationship. In affirming the trial court's summary judgment, the court of appeals relied upon the "closely related party doctrine," which looks to the relationship between a nonparty and parties to the agreement, as well as the relationship between a nonparty and the agreement itself. Specifically, the court of appeals concluded that the nonparty was so "closely related" to the contract or its signatories that enforcement of the contract terms was "foreseeable." However, no Arizona court had previously adopted the closely related party doctrine to impose a contractual limitations provision on a nonparty. The Supreme Court reversed, holding that the court of appeals erred in binding the nonparty to a contractual limitations provision based on the closely related party doctrine.