Joe, Joey, Joe-Baby, Sexist: Where’s Your Imposter Syndrome?

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman responds to a recent Wall Street Journal op-ed criticizing soon-to-be First Lady Jill Biden for using the academic title she earned. Professor Grossman dissects the op-ed, penned by a retired lecturer at Northwestern University, and explains the deep and pervasive sexism behind it.

Read More

Edwards v. CSX Transportation, Inc.

Docket: 19-1782

Opinion Date: December 15, 2020

Judge: James Andrew Wynn, Jr.

Areas of Law: Contracts

Residents and businesses of Lumberton, North Carolina filed a putative class action alleging that CSX Transportation caused their property to be flooded during Hurricanes Matthew and Florence. The district court dismissed each claim as either insufficiently pleaded or preempted by federal law. The Fourth Circuit concluded that dismissal of the breach of contract claim was premature because plaintiffs have plausibly alleged that the Tri-Party Agreement was intended to directly benefit the class of persons to which they belong—the residents and businesses of South and West Lumberton left vulnerable to flooding through the gap. However, the court's holding is limited to the Tri-Party Agreement. In this case, plaintiffs alleged the existence of a second, unnamed and undated agreement, but failed to produce it or to plead any of its essential terms. The court also concluded that plaintiffs' tort claims are preempted by the federal Interstate Commerce Commission Termination Act. Accordingly, the court affirmed in part, reversed in part, and remanded.

United States v. Palacios

Docket: 18-6067

Opinion Date: December 15, 2020

Judge: Diana Jane Gribbon Motz

Areas of Law: Criminal Law

Defendant sought to appeal the district court's order denying relief on his 28 U.S.C. 2255 motion. The Fourth Circuit granted a certificate of appealability on the issue of whether defendant's counsel rendered ineffective assistance by failing to assert a double jeopardy defense. The court affirmed the portion of the district court's order denying relief on defendant's ineffective assistance of counsel claim. The court first joined its sister circuits in holding that the Double Jeopardy Clause prohibits imposition of cumulative punishments for 18 U.S.C. 924(c) and 924(j) convictions based on the same conduct. However, the court cannot conclude that the double jeopardy claim that defendant now presses was sufficiently foreshadowed at the time of trial to render his counsel's failure to raise it constitutionally deficient representation. The court denied a certificate of appealability as to the remaining issues and dismissed the remainder of the appeal.