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.

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Papera v. Pennsylvania Quarried Blueston Co.

Docket: 18-3060

Opinion Date: January 22, 2020

Judge: Bibas

Areas of Law: Civil Procedure

The Paperas sued the Company. The court sent the case to mediation. In May 2016, the Paperas reported that the parties had settled and asked for “a sixty (60) day Order of Dismissal,” to be followed by an agreement for the court’s approval. The May 2016 Order stated that the case was dismissed and the parties had 60 days to finalize the settlement. The order’s minute entry stated the dismissal was “without prejudice”; to reinstate the action if a settlement was not consummated, a party would have to show good cause within 60 days. The court never got a settlement agreement. After the 60-day period elapsed, the court did not dismiss with prejudice. In September 2016, the Paperas asked for a conference call. On that call, the court reportedly stated that “it no longer had jurisdiction” and that it had administratively closed the case. A month later, the Paperas filed a new complaint. It was assigned to the same judge, who granted summary judgment based on claim preclusion and declined to reopen the May 2016 Order. The Third Circuit vacated and remanded. Because the order dismissing the first suit did not clearly say that the dismissal was involuntary or with prejudice, it did not preclude the second suit. For a dismissal to preclude claims, it must be with prejudice.