Options for Biden’s Supreme Court Reform Commission

MICHAEL C. DORF

Cornell law professor Michael C. Dorf explores several options that Democratic presidential candidate Joe Biden should consider if he wins the election and fulfills his proposal of convening a bipartisan commission of constitutional scholars to study and recommend court reforms. Dorf discusses the benefits and limitations of each option and describes how Congress and a President Biden could implement meaningful court reform that could withstand review by the Supreme Court itself.

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Hall v. Hall

Docket: SC20181

Opinion Date: October 27, 2020

Judge: Kahn

Areas of Law: Family Law

In this dissolution of marriage action, the Supreme Court affirmed the judgment of the Appellate Court affirming the trial court's judgment of civil contempt rendered against Plaintiff, holding that the Appellate Court correctly concluded that the trial court properly found Plaintiff in contempt of court and properly denied the parties' joint motion to open and vacate the judgment of contempt. One year after Plaintiff commenced a dissolution action Defendant filed a motion for contempt, arguing that Plaintiff committed a willful violation of a court order when he withdrew approximately $70,000 from the parties' joint account and placed it into a separate, personal account. The court granted the motion after a hearing. Plaintiff filed a motion seeking reconsideration of the decision, which the trial court denied. Later, the parties filed a joint motion to open and vacate the judgment of contempt in part. The trial court denied the motion. The Appellate Court affirmed. The Supreme Court affirmed, holding that the Appellate Court did not err in finding that the trial court did not abuse its discretion in finding Plaintiff in contempt and failing to open and vacate the judgment of contempt.

Karagozian v. USV Optical, Inc.

Docket: SC20257

Opinion Date: October 27, 2020

Judge: D’Auria

Areas of Law: Labor & Employment Law

In this action for constructive discharge, the Supreme Court affirmed the judgment of the Appellate Court affirming the trial court's judgment granting Defendant's motion to strike, holding that Plaintiff's complaint failed as a matter of law to allege that Defendant created a work atmosphere so difficult or unpleasant that a reasonable person in Plaintiff's shoes would have felt compelled to resign. Plaintiff, an optician formerly employed by Defendant, brought this action alleging that Defendant required him to violate public policy and that, as a result, Plaintiff was compelled to resign. The trial court granted Defendant's motion to strike, relying on Brittell v. Department of Correction 7171 A.2d 1254 (Conn. 1998). The Appellate Court affirmed. The Supreme Court affirmed, holding that Plaintiff failed sufficiently to allege the second requirement of a constructive discharge claim in his complaint.

Farrell v. Johnson & Johnson

Docket: SC20225

Opinion Date: October 27, 2020

Judge: Richard A. Robinson

Areas of Law: Personal Injury

The Supreme Court affirmed the judgment of the Appellate Court affirming the judgment of the trial court in favor of Defendants on numerous tort claims following an unsuccessful pelvic mesh surgery, holding that the trial court properly directed a verdict on Plaintiffs' innocent misrepresentation claim because that claim did not lie as a matter of law in this context. In their complaint, Plaintiffs alleged lack of informed consent, innocent misrepresentation, negligent misrepresentation, intentional misrepresentation, and loss of consortium. The court directed a verdict for Plaintiffs on the innocent misrepresentation claim. After a trial, the jury returned a verdict for Defendants on the remaining counts. The Appellate Court affirmed. The Supreme Court affirmed, holding that the trial court properly (1) excluded two medical journal articles from evidence as hearsay when they had been offered to prove notice; and (2) directed a verdict for Defendants on the innocent misrepresentation claims.