Local Control: Massachusetts Law Provides Stronger Protection Against Sexual Harassment than Federal Law

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by a federal district court applying Massachusetts law that demonstrates the power of tough state antidiscrimination laws. Grossman describes the facts of the case and the differences between Massachusetts and federal law and explains why robust state laws have the power to hold institutions liable when they delegate authority to those who abuse it.

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Servotronics, Inc. v. The Boeing Co.

Docket: 18-2454

Opinion Date: March 30, 2020

Judge: Niemeyer

Areas of Law: Arbitration & Mediation, International Law

Seeking evidence to use in a United Kingdom arbitration, Servotronics filed an application in the district court under 28 U.S.C. 1782 to obtain testimony from three Boeing employees residing in South Carolina. On appeal, Servotronics contends that the district court erred in ruling that the UK arbitral panel was not a "foreign tribunal" for purposes of section 1782 and thus it lacked authority to grant Servotronics' application to obtain testimony for use in the UK arbitration. The Fourth Circuit reversed and remanded, holding that the arbitral panel in the United Kingdom is a foreign tribunal for purposes of section 1782. The court explained that the current version of the statute, as amended in 1964, manifests Congress' policy to increase international cooperation by providing U.S. assistance in resolving disputes before not only foreign courts but before all foreign and international tribunals. The court wrote that such a policy was intended to contribute to the orderly resolution of disputes both in the United States and abroad, elevating the importance of the rule of law and encouraging a spirit of comity between foreign countries and the United States. Furthermore, Boeing's argument to the contrary represents too narrow an understanding of arbitration, whether it is conducted in the United Kingdom or the United States.

United States v. McMiller

Docket: 18-4744

Opinion Date: March 30, 2020

Judge: Barbara Milano Keenan

Areas of Law: Criminal Law

Defendant was convicted and sentenced to 121 months in prison, as well as a lifetime of supervised release, for transporting and possessing child pornography. The Fourth Circuit affirmed the district court's judgment with respect to the special assessments under the Justice for Victims of Trafficking Act of 2015. However, the court held that the district court plainly erred under circuit precedent by failing to explain the computer-related special conditions of supervised release. Accordingly, the court vacated the conditions as procedurally unreasonable and remanded in part for resentencing.