Latest Case: Shuler v. Capital Agricultural Property Services, Inc. (Personal Injury)

What’s at Stake in Espinoza v. Montana Department of Revenue? What the Equal Protection Clause Means in the Context of Classifications Based on Religiosity

VIKRAM DAVID AMAR, ALAN E. BROWNSTEIN

Illinois Law dean Vikram David Amar and UC Davis emeritus professor Alan E. Brownstein comment on a case before the U.S. Supreme Court that raises the question whether a religiously neutral student-aid program in Montana that affords students the choice of attending religious schools violates the religion clauses or the Equal Protection Clause of the U.S. Constitution. Amar and Brownstein express no opinion as to whether the courts’ often-expressed concerns about striking down invidiously motivated laws can be effectively overcome, but they contend that jurists who reject invalidating invidiously motivated laws must explain why reasons sufficient in other contexts are not persuasive in this case.

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Shuler v. Capital Agricultural Property Services, Inc.

Docket: B289202(Second Appellate District)

Opinion Date: May 14, 2020

Judge: Kenneth R. Yegan

Areas of Law: Personal Injury

Plaintiffs challenged the trial court's reduction of economic damages awarded by the jury in a negligence/trespass action where the jury returned a special verdict in plaintiffs' favor and against Capital Agriculture. The Court of Appeal modified the judgment to vacate the 68 percent reduction of the economic damages award. The court held that the trial court erred by reducing Capital Agriculture's joint and several liability for economic damages, and agreed with plaintiffs that Capital Agriculture was jointly and severally liable for 100 percent of the economic damages, reduced by 2 percent for plaintiffs' contributory negligence and an offset for amounts paid by settling tortfeasors.