Latest 2 Cases: Hinrichs v. DOW Chemical Co. (Antitrust & Trade Regulation), State v. Coffee (Criminal Law)

Senate Secrecy: Can the Votes of Senators on President Trump’s Impeachment be Withheld from the Voting Public?

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois law dean Vikram David Amar and professor Jason Mazzone evaluate the suggestion made by some that the votes of senators on President Trump’s impeachment can and should be private. Amar and Mazzone argue that while the text of the Constitution alone does not foreclose secrecy, structural, prudential, and logistical considerations strongly disfavor a secret vote on the matter.

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Hinrichs v. DOW Chemical Co.

Docket: 2017AP002361

Opinion Date: January 9, 2020

Judge: Ann Walsh Bradley

Areas of Law: Antitrust & Trade Regulation, Commercial Law, Consumer Law, Contracts

The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's dismissal of Chris Hinrichs and Autovation Limited's (collectively, Hinrichs) common law misrepresentation claims against the DOW Chemical Company and reversing the circuit court's dismissal of Hinrichs' statutory claim under Wis. Stat. 100.18, holding that the court of appeals did not err. Specifically, the Supreme Court held that, with regard to Hinrichs' common law claims, neither the "fraud in the inducement" exception nor the "other property exception" to the economic loss doctrine applied to allow Hinrichs' common law claims to go forward. With regard to Hinrichs' statutory claims the Court held (1) the economic loss doctrine does not serve as a bar to claims made under section 100.18; (2) because one person can be "the public" for purposes of section 100.18(1), the court of appeals did not err in determining that dismissal for failure to meet "the public" factor of the section 100.18 claim was in error; and (3) the heightened pleading standard for claims of fraud does not apply to claims made under section 100.18 and that Hinrichs' complaint stated a claim under the general pleading standard.

State v. Coffee

Docket: 2017AP002292-CR

Opinion Date: January 9, 2020

Judge: Annette Kingsland Ziegler

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the court of appeals affirming the circuit court's order denying Defendant's postconviction motion for resentencing, holding that Defendant did not forfeit his ability to challenge inaccurate information raised by the State at his sentencing but that the circuit court's reliance on the inaccurate information was harmless error. In his postconviction motion, Defendant argued for the first time that the circuit court violated his due process rights when it relied on inaccurate information at sentencing. The postconviction court concluded that the State introduced inaccurate information at the sentencing hearing, that the circuit court actually relied on the inaccurate information, but that the error was harmless. The court of appeals affirmed, concluding that Defendant forfeited his claim because he failed to object at the sentencing hearing. The Supreme Court affirmed, albeit on different grounds, holding (1) the forfeiture rule does not apply to previously unknown, inaccurate information first raised by the State at sentencing; and (2) the circuit court's error in relying on the inaccurate information at sentencing was harmless.