Should the Law Prohibit Anti-Fat Discrimination?

SHERRY F. COLB

Cornell law professor Sherry F. Colb explores the problem of fat discrimination and considers what a law of anti-fat discrimination might look like, and why it could be important. Professor Colb explores the similarities and differences between legally protected characteristics and fatness and expresses optimism that a change in law could persuade some individuals to recognize fat people for the colleagues, students, friends, partners, and neighbors that they are.

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Members-Only Unionism is Lawful and Can Make Sense

SAMUEL ESTREICHER

NYU law professor Samuel Estreicher responds to an op-ed by Ron Holland criticizing the recent announcement of a members-only union of 300 Google workers. Professor Estreicher points out several errors and assumptions in Mr. Holland’s piece, and he argues that, in sum, there is no good public policy case for barring or restricting members-only unionism.

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Bullock v. Simon

Docket: 20-1686

Opinion Date: January 22, 2021

Judge: Joel Martin Flaum

Areas of Law: Bankruptcy

Bullock petitioned for Chapter 13 bankruptcy but failed to disclose on his Schedule B list of assets a pending workers’ compensation claim. On his Schedule C list of exemptions, he failed to declare an exemption for the claim. Bullock proposed a 60-month plan of reorganization to pay $148 per month plus possible tax refunds. The bankruptcy court confirmed the plan in October 2014. In 2017, Bullock received a workers’ compensation settlement award for $92,430.84. The trustee moved to compel Bullock to disclose it. Bullock then listed the settlement proceeds as personal property on Schedule B and declared the proceeds exempt on Schedule C under 820 ILCS 305/21; 735 ILCS. 5/12-1001(b). The trustee successfully moved to compel Bullock to file an amended plan under 11 U.S.C. 1329(a) that would provide for the turnover of Bullock’s workers’ compensation award for distributions to general unsecured creditors. Bullock had already spent the award proceeds. The bankruptcy court confirmed Bullock’s amended plan, requiring Bullock to pay a lump-sum of approximately $15,000 before the plan’s expiration. Bullock failed to make the final payment under the plan. An appeal from the dismissal of the bankruptcy case is pending. The Seventh Circuit affirmed the district court’s dismissal of the adversary proceeding on mootness grounds. That issue is mooted because he complied with the very order requiring the reorganization plan’s amendment that he now seeks to challenge and because his underlying bankruptcy case was dismissed.

United States v. Thomas

Docket: 19-2969

Opinion Date: January 22, 2021

Judge: Brennan

Areas of Law: Criminal Law

The mobile home park is a one-square-mile residential community of fewer than 100 dwellings, in North Judson, Indiana. In 2004-2013, Thomas was connected to eight fires there. He collected insurance proceeds on properties that he owned or that were owned by relatives: $75,000, $50,000, $60,000, and $426,227. In 2018, he was charged with mail fraud, 18 U.S.C. 1341, because he had used the mail to collect the insurance proceeds. The district court ruled that two “distractor” fires were part of the scheme and did not implicate Federal Rule of Evidence 404(b) but that the 2004 fire was too far removed in time to be part of the scheme. The 2004 fire was admissible as modus operandi evidence and to prove identity. A jury convicted Thomas on all counts. He was sentenced to 90 months’ imprisonment. The Seventh Circuit affirmed, rejecting arguments that the fires were not part of a scheme because they were not a chain of continuous and overlapping events, but rather discrete episodes of alleged criminality and that the fires were inadmissible character evidence. Thomas was charged with mail fraud, not arson. The district court properly decided that six of the fires were part of Thomas’s scheme and not “other acts.”

Marnocha v. St. Vincent Hospital and Health Care Center, Inc.

Docket: 20-1374

Opinion Date: January 22, 2021

Judge: Joel Martin Flaum

Areas of Law: Labor & Employment Law

Marnocha, a board-certified doctor in pediatrics and neonatal-perinatal medicine, received her license in 1981 and joined St. Vincent’s Hospital in Indianapolis in 1987. In 2017, Dr. Marandi began became the Executive Director of the pediatric service for St. Vincent, which has two locations. Marandi concluded there were too many neonatologists on staff. In formulating his restructuring plan, Marandi reviewed workflows and schedules, before deciding to terminate the neonatologists at one of St. Vincent’s campuses. Standard restructure review required an HR employee, to assess the impact on the entire targeted group, “to make sure that any business decisions [were not] based off of specifics to an individual and that [they are] specific to the organizational needs.” In 2018, Marandi discharged Marnocha and four of her colleagues. Four of the terminated neonatologists interviewed for one open position at the other campus. A 35-year-old (Landis) was chosen; the others were over 50 years old. Marnocha filed suit under the Age Discrimination in Employment Act, 29 U.S.C. 621. The Seventh Circuit affirmed summary judgment in favor of St. Vincent. Marnocha failed to establish that the doctors at the other campus were similarly situated; she did not provide their ages, work history, performance reviews, supervisors, or qualifications. The two work environments are distinct, varying by NICU level, acuity, and pace. The record supports a range of legitimate, non-age-related reasons for hiring Landis over Marnocha.