In (Trial) Courts (Especially) We Trust

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois law dean Vikram David Amar and professor Jason Mazzone describe the increasing importance of courts and lawyers in safeguarding and reinforcing the role of factual truths in our democracy. Dean Amar and Professor Mazzone point out that lawyers and judges are steeped in factual investigation and factual determination, and they call upon legal educators (like themselves) to continue instilling in students the commitment to analytical reasoning based in factual evidence, and to absolutely reject the notion that factual truth is just in the mind of the beholder.

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The Rhetoric About a “Decline” in Religious Liberty Is Good News for Americans

MARCI A. HAMILTON

Marci A. Hamilton, a professor at the University of Pennsylvania and one of the country’s leading church-state scholars, explains why the rhetoric about a “decline” in religious liberty actually signals a decline in religious triumphalism, and is a good thing. Professor Hamilton describes how religious actors wield the Religious Freedom Restoration Act (RFRA) not as a shield, but as a sword to destroy the lives of fellow Americans.

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Blake v. Hometown America Communities, Inc.

Docket: SJC-12902

Opinion Date: November 24, 2020

Judge: Kafker

Areas of Law: Landlord - Tenant, Real Estate & Property Law

The Supreme Judicial Court affirmed the determination that time of entry into a lot rental agreement does not render the renters dissimilar under Mass. Gen. Laws ch. 140, 32L(2), holding that the requirement that renters pay ninety-six dollars per month in additional rent for essentially the same lots was a violation of the statute. Defendants, the new owners of a manufactured home community, charged those who had rented their lots after Defendants purchased the community ninety-six dollars per month more for lot rent than those who had rented their lots before the change in ownership, despite the lots being essentially the same. A group of people brought suit, and a class was certified. A housing court judge determined that Defendants violated section 32L(2). The Supreme Court affirmed but reversed and remanded the case for reconsideration of a different judge's class certification decisions, holding that the judge erred in requiring class members to opt in. The Court further held that the judge who conducted a trial on damages considered improper factors, and therefore, the subclassifications for damages calculations also required reconsideration.

Thompson v. JPMorgan Chase Bank, N.A.

Docket: SJC-12798

Opinion Date: November 25, 2020

Judge: Gaziano

Areas of Law: Real Estate & Property Law

In this foreclosure action, the Supreme Judicial Court answered a certified question from the Court of Appeals for the Court of Appeals for the First Circuit by concluding that a challenged statement in a default and acceleration notice did not render the notice inaccurate or deceptive in a manner that rendered the subsequent foreclosure sale void under Massachusetts law. After Plaintiffs defaulted on their mortgage payments, JPMorgan Chase Bank, N.A. foreclosed on Plaintiffs' home and sold it at auction pursuant to the statutory power of sale. Plaintiffs commenced this action to set aside the foreclosure, arguing that the Bank's default and acceleration notice was misleading and potentially deceptive. A federal district court judge granted summary judgment to Chase. The First Circuit reversed, holding that the notice was potentially deceptive and, therefore, void. On petitioner for reconsideration, the First Circuit vacated its decision and certified a question to the Supreme Court. The Court answered the reported question in the negative, holding that the notice was neither inaccurate nor deceptive.