Latest 2 Cases: Federal Deposit Insurance Co. v. Constructora Japimel, Inc. (Banking), United States v. Ackerly (Civil Rights)

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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Federal Deposit Insurance Co. v. Constructora Japimel, Inc.

Docket: 19-1845

Opinion Date: November 24, 2020

Judge: Sandra Lea Lynch

Areas of Law: Banking

The First Circuit reversed the order of the district court remanding this removed case to Puerto Rico's Court of First Instance, holding that the district court erred when it remanded to the local Puerto Rico court a suit asserting claims by Constructora Japimel, Inc. against Doral Bank under the circumstances of this case. Contrary to the text of 12 U.S.C. 1819(b)(2)(B), the district court remanded this case to the local Puerto Rico court Japimel's lawsuit against Doral, a failed bank, after the Federal Deposit Insurance Corporation (FDIC) had become Doral's receiver, had filed a notice of substitution in state court to become a party to the suit, and had timely removed the suit to federal court. The FDIC timely appealed the remand order. The First Circuit reversed, holding that the district court erred by ignoring section 1819(b)(2)(B)'s clear language and remanding the case to the Court of First Instance.

United States v. Ackerly

Docket: 19-1967

Opinion Date: November 24, 2020

Judge: Selya

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The First Circuit affirmed the judgment of the district court granting Defendant's motion for a new trial, holding that the government failed to show that the district court granted reversible error by granting the motion for a new trial upon finding when the court deemed to be a violation of the Confrontation Clause. Defendant was convicted of three counts charging her with wire fraud, honest services wire fraud, and conspiracy to commit both types of wire fraud. Defendant moved for a judgment of acquittal or for a new trial. The district court granted the motion, concluding that the Confrontation Clause was violated in the proceedings below and that the error was not harmless beyond a reasonable doubt. The First Circuit affirmed, holding that there was no plain error in the district court's choice of the applicable standard of harmlessness.