Double Jeopardy: Answers to Six Questions About Donald Trump’s Second Impeachment Trial

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, addresses six key questions about Donald Trump’s second impeachment trial. Falvy provides clear and supported answers to frequently asked questions such as whether the Senate can act to remove Trump from the presidency, whether it can hold a trial after his term expires, who should preside, and whether he will lose his presidential perks.

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Fagre v. Parks

Docket: 20-1343

Opinion Date: January 13, 2021

Judge: Sandra Lea Lynch

Areas of Law: Civil Rights, Constitutional Law, Personal Injury

The First Circuit affirmed the order of the district court granting summary judgment against Plaintiff, acting as the personal representative of the estate of Ambrosia Fagre (Amber), on claims related to Amber's death, holding that the district court did not err when it granted Trooper Jeffrey Parks's motion for summary judgment on Plaintiff's 42 U.S.C. 1983 claim. Plaintiff's complaint alleged use of excessive force against Amber in violation of the Fourth and Fourteenth Amendments under section 1983 and use of excessive force against Amber in violation of Me. Const. art. I, 5 under the Maine Civil Rights Act, failure to protect Amber in violation of the Fourteenth Amendment, and negligence and wrongful death under Maine state law. The district court granted Trooper Parks's motion for summary judgment. The First Circuit affirmed, holding (1) summary judgment on Plaintiff's section 1983 claim was warranted, and Trooper Parks was also entitled to qualified immunity; and (2) the district court did not err by granting summary judgment on Plaintiff's state law claims because Trooper Parks was entitled to immunity under the Maine Tort Claims Act, Me. Stat. Tit. 14, 8111(1).

IDS Property Casualty Insurance Co. v. Government Employees Insurance Co.

Docket: 20-1407

Opinion Date: January 13, 2021

Judge: Ojetta Rogeriee Thompson

Areas of Law: Contracts, Insurance Law

In this insurance dispute, the First Circuit affirmed the district court's grant of summary judgment to Ameriprise Auto & Home Insurance, holding that the arguments on appeal brought by Government Employees Insurance Company (GEICO) were unavailing. An accident that occurred in Florida damaged a Toyota Highlander insured by Ameriprise and a Lamborghini insured by GEICO and injured the driver of the Highlander. Ameriprise rescinded coverage, alleging that its insureds breached their obligations under the policy. Ameriprise brought this suit seeking declaratory relief in federal district court to approve the company's rescission and to confirm that Ameriprise had satisfied its compulsory coverage requirements under Massachusetts law. The district court granted summary judgment in favor of Ameriprise. The First Circuit affirmed, holding (1) the district court did not err in finding that Ameriprise could rescind the insureds' coverage as a matter of law because the insureds' misrepresentation of certain information breached the insureds' duty to inform Ameriprise about about dates to the Highlander's principal place of garaging and customary drivers; and (2) Ameriprise was not estopped from rescinding the insureds' coverage, and GEICO's waiver arguments failed as a matter of law.

United States v. Mumme

Docket: 19-1983

Opinion Date: January 13, 2021

Judge: Sandra Lea Lynch

Areas of Law: Criminal Law

The First Circuit affirmed Defendant's conviction of possession of child pornography and sentence of ninety-six months' imprisonment followed by lifetime supervised release, holding that Defendant's arguments on appeal were without merit. Specifically, the First Circuit held (1) the district court did not err in denying Defendant's motion to suppress statements made to investigating officers at his home and the evidence derived from the consensual seizure of his computer; (2) police officers did not unconstitutionally intrude onto the curtilage of Defendant's home; and (3) the district court did not err in denying Defendant's renewed motion to withdraw his guilty plea.

White v. Hewlett Packard Enterprise Co.

Docket: 19-1696

Opinion Date: January 13, 2021

Judge: Sandra Lea Lynch

Areas of Law: Labor & Employment Law

The First Circuit affirmed the order of the district court granting summary judgment against Matthew White and for Hewlett Packard Enterprise (HP), White's former employer, on White's claims based on Maine employment law, holding that the district court did not abuse its discretion. The district court held that controlling Maine Law Court decisions meant White's claims for accrued vacation pay and bonus pay were without merit and that White's remaining claims for equitable relief were unavailing. The First Circuit affirmed, holding (1) under Maine, law, White had no right to be paid for unused vacation time except as provided for in his employment agreement; (2) White's bonus compensation claims were meritless; (3) the district court was within its discretion to permit HP to produce an additional document before summary judgment; and (4) the district court did not abuse its discretion in commenting about the parties' statements of material facts.