Reflections on the Pending Supreme Court Challenge to the Affordable Care Act in California v. Texas: Part One in a Series

VIKRAM DAVID AMAR, EVAN CAMINKER, JASON MAZZONE

In this first of a series of columns on the latest prominent challenge to the Affordable Care Act (ACA), Illinois law dean Vikram David Amar, Michigan Law dean emeritus Evan Caminker, and Illinois law professor Jason Mazzone examine the stare decisis effects of the Supreme Court’s initial blockbuster decision involving the ACA. The authors demonstrate several, perhaps surprising, ways that the earlier decision should shape how the Court views the present challenge.

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Tubens v. Doe

Court: US Court of Appeals for the First Circuit

Docket: 20-1305

Opinion Date: October 1, 2020

Judge: Boudin

Areas of Law: Civil Rights, Personal Injury

The First Circuit affirmed the judgment of district court dismissing Plaintiff's case against the City of Boston and several of its police officers, holding that the district court did not abuse its discretion in dismissing the case with prejudice. Plaintiff filed suit in superior court under 42 U.S.C. 1983 and the Massachusetts Tort Claims Act, alleging, among other things, false arrest and imprisonment, excessive force, and intentional infliction of emotional distress. After a lengthy history of delay, the district court gave Plaintiff fourteen days to serve an amended complaint on two defendants. Plaintiff never properly served one of the defendants. The district court dismissed the defendant not properly served. The court then dismissed the other defendant, concluding that Plaintiff's failure to meet a deadline for service did not constitute excusable neglect. The First Circuit affirmed, holding that the district court acted within its discretion in dismissing the case with prejudice.

Bader v. Avon Products, Inc.

Court: California Courts of Appeal

Docket: A157401(First Appellate District)

Opinion Date: September 29, 2020

Judge: Brown

Areas of Law: Civil Procedure, Personal Injury, Products Liability

Schmitz's estate sued Avon, alleging that Schmitz used Avon’s perfumed talc powder products for around 20 years and that these products contained asbestos and caused Schmitz’s mesothelioma. The court granted Avon’s motion to quash service of summons, concluding that it lacked specific personal jurisdiction over Avon because Bader failed to establish that her claims were related to or arose from Avon’s forum contacts--Bader failed to establish that Avon sold, and Schmitz used, in California talc powder products that contained asbestos as opposed to talc powder products without asbestos. The court also found that Bader failed to show that Avon injected the particular products at issue into California in a manner that related to Schmitz’s acquisition and usage of those products. The court of appeal reversed. Bader satisfied her burden on the relatedness prong and Avon does not contest purposeful availment or argue that the exercise of personal jurisdiction over it would be unreasonable. Precedent does not require the estate to establish at the jurisdictional stage the alleged defect in the Avon products that she used. Bader contended and Avon never disputed that Avon’s sale of talc powder products through its sales representatives directly to Schmitz in California are contacts that Avon created with California that satisfy purposeful availment; the claims arise out of or relate to Avon’s California contacts.

Lopez v. City of Los Angeles

Court: California Courts of Appeal

Docket: B288396(Second Appellate District)

Opinion Date: October 1, 2020

Judge: Brian M. Hoffstadt

Areas of Law: Personal Injury, Real Estate & Property Law

After plaintiff, a pedestrian, tripped and fell in a pothole located on city-owned property, he filed suit against the City and Wally's Wine & Spirits for negligence and premise liability. The Court of Appeal held that the commercial business leasing the property that the driveway services did not exercise control over the location of the pothole (so as to create a duty of care to passersby) when the business has done no more than put the driveway and gutter to their "ordinary and accustomed" uses. Therefore, the trial court was correct in granting judgment notwithstanding the verdict to overturn a jury verdict that found the business partially liable for the pedestrian's injury.

Santos v. Crenshaw Manufacturing, Inc.

Court: California Courts of Appeal

Docket: G057371(Fourth Appellate District)

Opinion Date: September 25, 2020

Judge: William W. Bedsworth

Areas of Law: Civil Procedure, Labor & Employment Law, Personal Injury

Appellant Marivel Santos was employed by respondent Crenshaw Manufacturing, Inc. (Crenshaw) in January 2017 as a machine operator on the production floor. Santos alleged that sometime in the second week of January 2017, she was instructed by her supervisor, Jose Flores, to operate a material-forming machine utilizing a die without any protective guards or cages. Ordinarily, Santos would have had to use both hands to operate the machine. This time, however, Flores instructed her to operate it “from the side using a bypass button.” Using the machine in this manner allowed Santos to operate the machine with her right hand, leaving her left hand free to reach into the machine to “press down the part” being cut. On January 12, 2017, Santos was operating the machine in this fashion when her left hand was crushed underneath the die, mutilating and severely injuring it. She filed a workers’ compensation claim against Crenshaw, and the Occupational Health & Safety Administration (OSHA) investigated. In the 1980s, the California Legislature passed Labor Code section 4558's “power press exception” to the principle of workers’ compensation exclusivity, giving a right of action to employees injured by their employer’s knowing removal of or failure to install a point of operation guard on a power press when required by the manufacturer. In this case, the issue presented for the Court of Appeal's review centered on whether the power press exception applied when the manufacturer, 45 years prior to passage of the law, conveyed a more general requirement for guards which went completely unheeded by the present user. Under these unique circumstances, the Court concluded there were triable issues of material fact as to whether the employer violated the statute and reversed the trial court’s grant of summary judgment in the employer’s favor.

Williams v. County of Sonoma

Court: California Courts of Appeal

Docket: A156819(First Appellate District)

Opinion Date: September 28, 2020

Judge: Simons

Areas of Law: Government & Administrative Law, Personal Injury

Williams and a friend began a 30-mile bicycle ride. As they biked down a hill on a road maintained by Sonoma County, they encountered a pothole measuring four feet long, three feet four inches wide, and four inches deep. Williams was traveling at least 25 miles per hour and, by the time she saw the pothole, was unable to avoid it. She was thrown to the pavement, incurring serious injuries. The pothole had been reported to the County more than six weeks earlier. Williams sued the County for the dangerous condition of public property (Gov. Code 835). A jury found for Williams, allocating 70 percent of the fault to the County and 30 percent to Williams. Williams was awarded about $1.3 million in damages. The court of appeal affirmed, rejecting the County’s argument that Williams’s claim was barred by the primary assumption of risk doctrine, which precludes liability for injuries arising from those risks deemed inherent in a sport. Because the County already owed a duty to other foreseeable users of the road to repair the pothole, the policy reasons underlying the primary assumption of risk doctrine support the conclusion that the County owes a duty not to increase the inherent risks of long-distance, recreational cycling.

Barnett v. State, Department of Financial Services

Court: Florida Supreme Court

Docket: SC19-87

Opinion Date: September 24, 2020

Judge: Per Curiam

Areas of Law: Government & Administrative Law, Personal Injury

The Supreme Court answered a certified question by holding that a mass shooting committed by Patrick Dell was a single "incident or occurrence" for purposes of Fla. Stat. 768.28(5) and that the cumulative liability for all claims of injury resulting from the incident may not exceed the aggregate cap of $200,000 set forth in section 768.28(5). Dell fatally shot his former wife and four of her children and severely wounded a fifth child. Plaintiffs, the two fathers of the deceased and injured children, sued the Florida Department of Children and Families (DCF) alleging wrongful death and negligence. The trial court granted partial summary judgment for Plaintiffs and determined that each wrongful death or personal injury claim was eligible for the $100,000 per person and $200,000 per claim limitation found in section 768.28(5). The court of appeal reversed, concluding that the claims arose from the same incident of negligence, and therefore, the $200,000 cap per incident or occurrence applied to limit recovery for all claims. The Supreme Court approved of the court of appeal's result, holding that the claims stemming from the mass shooting of Dell's victims were subject to the $200,000 aggregate cap for damages paid by the State, its agencies, or subdivisions.

R.R. v. New Life Community Church of CMA, Inc.

Court: Florida Supreme Court

Docket: SC18-962

Opinion Date: October 1, 2020

Judge: Muniz

Areas of Law: Personal Injury

In this child sexual abuse case concerning the separation of powers and the proper role of courts in applying statutes of limitations the Supreme Court held that courts cannot go beyond the statutory framework and adopt a special, judge-made rule to govern the accrual of tort claims where the would-be plaintiff is a minor. Petitioners alleged that Daniel Heffield sexually abused them as children. Petitioners filed the underlying lawsuit against New Life Community Church, Daniel's employer at the time of the alleged abuse, and other defendants, alleging negligence claims and a respondeat superior claim. Respondents (other than Daniel) moved for summary judgment, arguing that Petitioners' claims were untimely. The trial court entered summary judgment for Respondents, concluding that Petitioners' claims accrued at the time of injury and therefore were untimely. The court of appeal affirmed. On appeal, Petitioners argued that the accrual of their claims were governed by the judge-made delayed accrual rule that the Supreme Court applied in Hearndon v. Graham, 767 So. 2d 1179 (Fla. 2000). The Supreme Court affirmed, holding (1) the statutory framework leaves no room for supplemental common law accrual rules; and (2) the Hearndon decision did not apply to delay the accrual of Petitioners' claims.

Auld v. Forbes

Court: Supreme Court of Georgia

Dockets: S20G0020, S20G0021

Opinion Date: September 28, 2020

Judge: Bethel

Areas of Law: Civil Procedure, International Law, Personal Injury

Tomari Jackson drowned to death while on a school trip to Belize. His mother, Adell Forbes, individually and as administrator of Jackson’s estate (collectively, “Forbes”), filed a wrongful death action in Georgia. Because Forbes filed the action outside the applicable limitation period provided for under Belize law but within the period that would be applicable under Georgia law, the issue presented for the Georgia Supreme Court's review entered on whether Georgia’s or Belize’s limitation period applied to that wrongful death action. The Court of Appeals held that Georgia law, and not Belize law, controlled the limitation period governing the wrongful death claim. The Supreme Court disagreed and reversed.

Elder v. Kentucky Retirement Systems

Court: Kentucky Supreme Court

Docket: 2017-SC-0258-DG

Opinion Date: September 24, 2020

Judge: Nickell

Areas of Law: Government & Administrative Law, Labor & Employment Law, Personal Injury

The Supreme Court reversed the opinion of the court of appeals affirming the decision of the Board of Trustees of the Kentucky Retirement Systems denying Edward Elder's application for disability retirement benefits, holding that the circuit court and the court of appeals misinterpreted this Court's holding in Kentucky Retirement Systems v. West, 413 S.W.3d 578 (Ky. 2013). Elder applied for disability retirement benefits due to a genetic disorder. Systems denied benefits because Elder submitted no pre-employment medical records. In affirming Systems' denial of benefits, the circuit court read West to require submission of pre-employment medical records to prove a disabling condition was asymptomatic and reasonably undiscoverable prior to hiring. The court of appeals affirmed the circuit court's reading of West and its denial of Elder's claim for disability retirement benefits. The Supreme Court reversed and remanded the case, holding that West imposed no requirement that a claimant submit pre-employment records to disprove the pre-existence of his genetic disorder.

Metzger v. Auto-Owners Insurance Co.

Court: Kentucky Supreme Court

Docket: 2018-SC-0070-DG

Opinion Date: September 24, 2020

Judge: Wright

Areas of Law: Insurance Law, Personal Injury

The Supreme Court affirmed the decision of the court of appeals affirming the ruling of the trial court granting summary judgment for Insurer on Plaintiff's action seeking a declaration that Insurer was obligated to prove underinsured motorist (UIM) benefits under the terms of a commercial policy, holding that Plaintiff was not covered under the terms of the commercial UIM policy in this case. Plaintiff was a member of an LLC that bought a commercial automobile insurance policy from Insurer. Insurer included UIM coverage for the LLC's vehicles. Plaintiff was walking through the parking lot of a store where she had just purchased items for the LLC and was struck by an automobile. The driver of the vehicle was an underinsured motorist. Plaintiff submitted a UIM claim to Insurer. After Insurer denied the claim Plaintiff filed this declaratory action. The trial court granted summary judgment for Insurer, and the court of appeals affirmed. The Supreme Court affirmed, holding that the trial court correctly found there were no issues as to any material fact and that Insurer was entitled to judgment as a matter of law.

Ruplinger v. Louisville/Jefferson County Metro Government

Court: Kentucky Supreme Court

Docket: 2020-SC-0140-CL

Opinion Date: September 24, 2020

Judge: Vanmeter

Areas of Law: Personal Injury

The Supreme Court certified that sovereign immunity as to monetary damages was waived neither as to the KRFRA nor in conjunction with Ky. Rev. Stat. 446.070 in this case. Plaintiff was arrested while protesting and was booked and photographed by Metro Police. When photographing Plaintiff, Metro officers allegedly ordered Plaintiff to remove her headscarf. On that basis, Plaintiff alleged a state claim under KRFRA. The Supreme Court granted the United States District Court, Western District of Kentucky's request for certification of law as to whether the General Assembly waived sovereign immunity from suit in the Kentucky Religious Freedom Restoration Act (KRFRA) and whether the use of Ky. Rev. Stat. 446.070 to seek redress for violations of the underlying statute nonetheless entitled government Metro to immunity from suit. The Supreme Court held that KRFRA's absence of an explicit waiver of sovereign immunity and section 446.070's lack of authority to waive sovereign immunity was apparent from the language of both statutes.

Slaughter v. Tube Turns

Court: Kentucky Supreme Court

Docket: 2020-SC-0013-WC

Opinion Date: September 24, 2020

Judge: Nickell

Areas of Law: Government & Administrative Law, Labor & Employment Law, Personal Injury

The Supreme Court affirmed the decision of the court of appeals and Workers' Compensation Board affirming the determination of the Chief Administrative Law Judge (CALJ) denying Appellant's motion to reopen his workers' compensation claim as time barred, holding that the CALJ correctly denied Appellant's motion to reopen as untimely. In 1996 and 1997, Appellant incurred work-related injuries to his right and left shoulders. Income benefits were paid for his right shoulder injury, but no mention of the left shoulder injury appeared in the settlement agreement. In 2018, Appellant moved to reopen the left shoulder claim, asserting that he was entitled to income benefits based on a recent surgery and resulting increased impairment. The CALJ denied the motion. The Board and the court of appeals affirmed. The Supreme Court affirmed, holding that Appellant's motion was untimely.

Nolasco v. Malcom

Court: Nebraska Supreme Court

Citation: 307 Neb. 309

Opinion Date: September 25, 2020

Judge: Stacy

Areas of Law: Personal Injury

The Supreme Court reversed the judgments of the district court dismissing Appellants' automobile negligence actions after the court determined that they were barred by the parental immunity doctrine, holding that the automobile negligence claims alleged in these cases fell outside the scope of Nebraska's parental immunity doctrine. Mother was driving a car with her minor children when the vehicle left the roadway and rolled several times. Mother and her daughter died from injuries sustained in the accident, and her son was seriously injured. The daughter's estate filed a wrongful death and survival action against Mother's estate, and the son filed a separate negligence action against Mother's estate. Both actions alleged that Mother's negligent operation of the vehicle caused the accident. The district court granted summary judgment for Mother's estate, concluding that the doctrine of parental immunity applied to bar the negligence claims. The Supreme Court reversed, holding that the negligence actions were not barred by the doctrine of parental immunity.

Estate of Savino v. Charlotte-Mecklenburg Hospital Authority

Court: North Carolina Supreme Court

Docket: 18PA19

Opinion Date: September 25, 2020

Judge: Robin E. Hudson

Areas of Law: Medical Malpractice, Personal Injury

The Supreme Court modified and affirmed in part and reversed in part the decision of the court of appeals holding that Plaintiff failed properly to plead administrative negligence under N.C. Gen. Stat. 90-21.11(2)(b), holding that the trial court did not err by denying Defendant's motion for a directed verdict on pain and suffering damages. Plaintiff failed a complaint for medical negligence against Defendant, and the case proceeded to trial. At the close of Plaintiff's evidence, Defendant moved for a directed verdict. The trial court denied the motion. The jury returned verdicts finding that the decedent's death was caused by Defendant's negligence and negligent performance of administrative duties. The court of appeals reversed in part, vacated in part, and granting a new trial in part, holding (1) there was insufficient evidence to support the jury's award for pain and suffering, and (2) Plaintiff did not sufficiently plead administrative negligence. The Supreme Court held (1) the trial court properly denied Defendant's motion for a directed verdict on pain and suffering damages; (2) Plaintiff was not required to plead a claim for administrative negligence separate from medical negligence; (3) Defendant was not entitled to a new trial; and (4) the trial court did not err by granting Plaintiff's motion for a directed verdict on contributory negligence.

Slota v. Imhoff

Court: South Dakota Supreme Court

Citation: 2020 S.D. 55

Opinion Date: September 30, 2020

Judge: Jensen

Areas of Law: Contracts, Personal Injury, Professional Malpractice & Ethics

The Supreme Court affirmed the order of the circuit court granting Defendants' motion for judgment on the pleadings and dismissing Plaintiff's fraud and deceit claims, holding that the claims were time barred. Plaintiff sued a law firm and its attorneys, alleging legal malpractice, fraud and deceit related to their representation of Plaintiff on criminal charges. The circuit court granted judgment on the pleadings for Defendants, concluding that the claims were time-barred by the three-year statute of repose for legal malpractice under S.D. Codified Laws 15-2-14.2. Plaintiff appealed, arguing that the circuit court erred in dismissing the fraud and deceit claims because those claims were subject to a six-year statute of limitations. The Supreme Court affirmed, holding (1) Plaintiff's fraud and deceit claims were subsumed within his malpractice claim; and (2) therefore, all of Plaintiff's claims were precluded under the repose statute.

Tata Chemicals Soda Ash Partners, Ltd v. Vinson

Court: Wyoming Supreme Court

Citation: 2020 WY 126

Opinion Date: September 28, 2020

Judge: Kate M. Fox

Areas of Law: Government & Administrative Law, Labor & Employment Law, Personal Injury

The Supreme Court remanded this case to the district court with instructions to determine whether excusable neglect extended Plaintiff's time to file the petition for review of the decision of the Office of Administrative Hearings (OAH) concluding that Plaintiff's infection was not compensable, holding that the record did not reveal whether the district court considered the question of excusable neglect. Plaintiff scraped his knuckle on a locker as he was getting ready to leave a trona mine, where he worked. The scrape developed necrotizing fasciitis, causing serious injuries. The Department of Workforce Services, Workers' Compensation Division, deemed Plaintiff's injury compensable. The OAH served an order concluding that Plaintiff's injuries were not compensable. The district court reversed, concluding that Plaintiff's infection was compensable. Plaintiff's employer appealed, arguing that the district court lacked jurisdiction because the petition for judicial review was untimely filed. The Supreme Court remanded the case for the limited purpose of determining whether excusable neglect extended the time for filing a petition for review.

Varela v. Goshen County Fairgrounds

Court: Wyoming Supreme Court

Citation: 2020 WY 124

Opinion Date: September 24, 2020

Judge: Michael K. Davis

Areas of Law: Personal Injury

The Supreme Court affirmed the decision of the district court granting Goshen County Fairgrounds summary judgment on its assertion of governmental immunity and dismissing Plaintiff's negligence action, holding that Plaintiff did not establish a genuine issue of material fact that would preclude summary judgment on the basis of the Fairgrounds' immunity. Plaintiff fell at an event held in one of the Goshen County Fairgrounds' buildings. Plaintiff filed a complaint against Goshen county, the State, and the Fairgrounds, alleging negligence. The district court granted summary judgment for the Fairgrounds. The Supreme Court affirmed, holding that disputed issues of material fact did not exist so as to preclude summary judgment on the question of whether the Fairgrounds and its employees were negligent in the operation or maintenance of the building.