The Oprah Interview as a Truth Commission

LESLEY WEXLER

Illinois Law professor Lesley Wexler explains how Oprah’s interview with Prince Harry and Meghan Markle might illuminate how a formal truth commission to deal with legacies of racism and colonialism might function in the British empire. Professor Wexler describes the purpose and function of state-operated truth commissions and notes the similarities and differences between those and the interview.

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Smith v. Bokor

Docket: 18-14797

Opinion Date: March 12, 2021

Judge: Branch

Areas of Law: Civil Procedure, Class Action

Three plaintiffs, seeking to represent a putative class of 3,000 nursing facility residents, filed a class action complaint against (MMI) and its president in Florida state court. After defendants removed to the district court, the district court removed back to state court under the Class Action Fairness Act (CAFA). The Eleventh Circuit reversed and remanded for further proceedings, concluding that the district court erred in finding that the evidence was sufficient to establish that two-thirds of the putative class were Florida citizens. The court explained that the studies, surveys, and census data that plaintiffs provided, which do not directly involve plaintiffs in this case, are not sufficient to establish that a certain percentage of the plaintiff class are citizens of Florida. The court agreed with the district court's conclusion that plaintiffs satisfied the "significant defendant" requirement in 28 U.S.C. 1332(d)(4)(A)(i)(II)(aa). Because the court found that plaintiffs failed to meet the local controversy exception's state citizenship requirement, however, the district court erred in remanding this matter to state court. Finally, to the extent that the remand order was based on the discretionary exception, the district court erred in failing to find that MMI is a primary defendant and not a Florida citizen.

Ruiz v. Wing

Docket: 18-10912

Opinion Date: March 12, 2021

Judge: Lagoa

Areas of Law: Civil Rights, Constitutional Law

On its own motion, the Eleventh Circuit vacated its previously issued opinion and substituted the following opinion in its place. Plaintiff filed suit under 42 U.S.C. 1983 against two police officers, alleging that the officers used excessive force when apprehending him. After a jury returned a verdict for the officers, the district court entered judgment in favor of them. Although represented by counsel, plaintiff, acting pro se, filed a motion for new trial pursuant to Federal Rule of Civil Procedure 59 on January 26, 2018. The district court struck plaintiff's motion as an unauthorized pro se filing by a represented party on February 27, 2018, and subsequently denied a motion for reconsideration filed by plaintiff's counsel. The court held that a pro se motion for a new trial that is stricken because the movant is represented by counsel tolls the time for filing a notice of appeal of the judgment under Federal Rule of Appellate Procedure 4(a)(4)(A). In this case, the court concluded that plaintiff's Rule 59 motion for a new trial tolled the time for him to file a notice of appeal, his notice of appeal was therefore timely, and the court has jurisdiction over his appeal. However, because plaintiff's claims are meritless, the court affirmed the judgment. The court joined its fellow circuits in finding that Ohler v. United States, 529 U.S. 753, 755 (2000), applies to civil cases and concluded that plaintiff waived his objection to the admissibility of the Hotel Video by preemptively agreeing to play the video at the outset of the trial as a joint exhibit and referring to the video throughout trial. The court also concluded that the admission of comments made by the officers' counsel during trial do not warrant a new trial; concluded that plaintiff failed to show plain error in the district court's questioning and commentary; concluded that the district court's summary denial did not warrant a new trial; and concluded that the district court did not err in striking plaintiff's pro se motion for new trial.