What Happens Now?

JOSEPH MARGULIES

Cornell law professor Joseph Margulies points out that in the face of the present COVID-19 pandemic, there seems to be general consensus nationwide that the federal government should intervene to mitigate the economic damage, even among those who very recently believed that social problems are better solved by the private sector than by the government. Margulies asks whether this new perspective will also evoke compassion. He points out that, given the expected duration of the fight against the novel coronavirus, $2,500 is not nearly sufficient for a struggling family of four who can no longer work. What will we do for the tens of millions of Americans facing disaster?

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Lemartec Engineering & Construction v. Advance Conveying Technologies, LLC

Docket: 18-2183

Opinion Date: March 20, 2020

Judge: Brent R. Appel

Areas of Law: Construction Law

In this construction law case, the Supreme Court reversed the order of the circuit court granting summary judgment in favor of Appellee, holding that Appellee was not entitled to claim preclusion or issue preclusion even though the federal court found in Appellee favor in a parallel federal case. The dispute in this case arose out of a contract between two subcontractors in a construction project. In the federal case, subcontracting parties litigated questions related to the fabrication of the salt conveyor system. The federal district court ruled in favor of Appellee. Appellant filed a second lawsuit in state court against subcontractors involved in the federal case. Appellee filed a motion for summary judgment, arguing that the judgment in the federal litigation compelled judgment in its favor in the state court litigation. The district court granted summary judgment for Appellee on both claim preclusion and issue preclusion. The Supreme Court reversed, holding (1) under Noel v. Noel, 334 N.W.2d 146 (Iowa 1983), and Pagel v. Notbohm, 186 N.W.2d 638 (Iowa 1971), Appellee waived its claim preclusion argument; and (2) that the state district court ruling took too broad an approach to what the "issue" was in the federal lawsuit.

Roland v. Annett Holdings, Inc.

Docket: 18-1092

Opinion Date: March 20, 2020

Judge: Thomas D. Waterman

Areas of Law: Labor & Employment Law, Personal Injury

The Supreme Court reversed the ruling of the district court certifying a class action of employees with pending workers' compensation claims, holding that the district court abused its discretion by certifying this case as a class action. Employee filed this civil action on behalf of himself and other "similarly situated" employees who signed a memorandum of understanding (MOU) as a condition of employment providing for short-term light duty and treatment in Des Moines after sustaining a work-related injury. Before the instant case was filed, an Iowa court determined the MOU as applied to Employee violated Iowa Code 85.18 and 85.27(4). The district court certified the case as a class action. The Supreme Court reversed, holding that because the commonality requirement was lacking, individual issues predominated over common ones, and because workers' compensation claims must be resolved by the workers' compensation commission before judicial review, the district court erred in certifying this case as a class action.