Odysseus, Avocados, and Election Litigation Timing

MICHAEL C. DORF

Cornell law professor Michael C. Dorf explains the legal concepts of ripeness and laches, which pertain to the timing of filing a lawsuit, and argues that in the context of election lawsuits, it is far better for courts to relax ripeness rules and risk unnecessary adjudications than to discard the doctrine of laches and risk widespread disenfranchisement and the undermining of confidence in fair elections.

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Wolcott v. Administrative Director of the Courts

Docket: SCWC-15-0000859

Opinion Date: December 21, 2020

Judge: Paula A. Nakayama

Areas of Law: Civil Rights, Government & Administrative Law

The Supreme Court affirmed the ICA's judgment on appeal except that part of the judgment relating to an additional revocation period for having three or more prior alcohol enforcement contacts, holding that the procedures used by the Administrative Driver's License Revocation Office (the ADLRO) denied Defendant due process. The ADLRO sustained the automatic revocation of Defendant's driver's license for ten years, determining that Defendant was subject to a mandatory ten-year revocation period for operating a vehicle under the influence of an intoxicant because he had three or more prior alcohol enforcement contacts. The ICA affirmed. The Supreme Court vacated the ICA's decision in part, holding that the ADLRO erred in considering two prior alcohol enforcement contacts in determining the length of Defendant's revocation period because Defendant was unable to challenge those convictions at the revocation hearing.

Ching v. Dung

Docket: SCWC-16-0000845

Opinion Date: December 21, 2020

Judge: Michael D. Wilson

Areas of Law: Real Estate & Property Law

The Supreme Court reversed the judgment of the intermediate court of appeals (ICA) in this appeal, holding that the ICA erred when it vacated the jury's civil conspiracy verdict, when it vacated an order of the circuit court on judicial admissions and judicial estoppel, and when it vacated the jury's verdict on Plaintiff's nuisance, invasion of privacy, and malicious prosecution claims. In this dispute between Plaintiff and Defendants over an easement located on Defendants' property that escalated into numerous incidents of alleged wrongful conduct by both parties, both parties appealed a $616,000 jury verdict in favor of Plaintiff. The ICA vacated the circuit court's judgment, vacated the entire jury award, and remanded the case for a new trial, holding that the circuit court made numerous errors. The Supreme Court reversed and reinstated the jury's award, holding (1) the ICA erred in vacating the circuit court's determination that Defendants judicially admitted to the existence of the easement and that its scope included vehicular ingress and egress; and (2) the ICA erred in several other respects.