No Good Men?

SHERRY F. COLB

Cornell law professor Sherry F. Colb comments on a film called “Promising Young Women,” which purports to be a feminist movie about date rape. While Professor Colb describes the movie as interesting, thought-provoking, and “definitely” worth seeing, she argues that it suggests a view of men and sexual assault that is erroneous and potentially even anti-feminist.

Read More

Last Call at the Bar: Grading the Briefs in Trump Impeachment 2.0

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, offers thoughts on the legal tactics and briefs filed by each side in former President Trump’s second impeachment trial. Mr. Falvy argues that if Trump can survive a second impeachment vote, it will show that he is still operating where he has always believed himself to be: well beyond the reach of the law.

Read More

Cutchin v. Robertson

Court: US Court of Appeals for the Seventh Circuit

Docket: 20-1437

Opinion Date: February 3, 2021

Judge: ROVNER

Areas of Law: Health Law, Medical Malpractice, Personal Injury, Professional Malpractice & Ethics

Cutchin’s wife and daughter were killed in an automobile accident that occurred when another driver, Watson, age 72, struck their vehicle. Cutchin alleges that Watson’s driving ability was impaired by medications she had been prescribed, including an opioid. Cutchin filed a malpractice suit against Watson’s healthcare providers, charging them with negligence for an alleged failure to warn Watson that she should not be driving given the known motor and cognitive effects of those medications. After the providers and their malpractice insurer agreed to a settlement of $250,000, the maximum amount for which they can be held individually liable under the Indiana Medical Malpractice Act (MMA), Cutchin sought further relief from the Patient’s Compensation Fund, which acts as an excess insurer. The Fund argued that the MMA does not apply to Cutchin’s claim and that he is barred from seeking excess damages from the Fund. The district court agreed. The Seventh Circuit certified to the Indiana Supreme Court the questions: Whether Ithe MMA prohibits the Fund from contesting the Act’s applicability to a claim after the claimant concludes a court‐approved settlement with a qualified healthcare provider, and whether the MMA applies to claims brought against individuals (survivors) who did not receive medical care from the provider, but who are injured as a result of the provider’s negligence in providing medical treatment to someone else.

Yoshimura v. Kaneshiro

Court: Supreme Court of Hawaii

Docket: SCAP-19-0000854

Opinion Date: February 1, 2021

Judge: McKenna

Areas of Law: Professional Malpractice & Ethics

The Supreme Court affirmed the final judgment of the circuit court dismissing, for lack of jurisdiction, Petitioner's petition to impeach Honolulu City Prosecutor Keith Kaneshiro under section 12-203 of the Revised Charter of the City and County of Honolulu, holding that Hawaii's Uniform Electronic Transactions Act (UETA), Haw. Rev. Stat. Chapter 489E, did not apply to the petitions for impeachment in this case. Haw. Rev. Stat. 489E-7(d) states, "If a law requires a signature, an electronic signature satisfies the law." However, Haw. Rev. Stat. 489E-18(c) states that the UETA "does not require a governmental agency of this State to use or permit the use of electronic records or electronic signatures." In his motion to dismiss, Kaneshiro argued that electronic signatures did not satisfy the requirements for a petition to impeach the city prosecutor. The circuit court granted the motion, concluding that signatories to an impeachment petition under section 12-203 of the Revised Charter must provide handwritten signatures. The Supreme Court affirmed, holding that the UETA did not apply in this case.

Texas Board of Chiropractic Examiners v. Texas Medical Ass'n

Court: Supreme Court of Texas

Docket: 18-1223

Opinion Date: January 29, 2021

Judge: Nathan L. Hecht

Areas of Law: Government & Administrative Law, Professional Malpractice & Ethics

The Supreme Court reversed the portion of the court of appeals' judgment declaring that the rules issued by the Texas Board of Chiropractic Examiners authorizing chiropractors to perform an eye-movement test for neurological problems known as VONT, holding that the challenged rules do not exceed the statutory scope of the chiropractic practice. The Texas Chiropractic Act defines the practice of chiropractic to include evaluating the musculoskeletal system and improving the subluxation complex. In 2006, the Board adopted a rule defining both terms as involving nerves in addition to muscles and bones. In 2010, the Board adopted a rule authorizing chiropractors to perform vestibular-ocular-nystagmus testing, or VONT. The Texas Medical Association (TMA) challenged the rules in court. The court of appeals concluded that the rules exceeded the scope of practice prescribed in the Act. The Supreme Court reversed, holding that the challenged provisions are valid.

Mattheis Co. v. Mulligan

Court: Wyoming Supreme Court

Citation: 2021 WY 14

Opinion Date: January 28, 2021

Judge: Boomgaarden

Areas of Law: Professional Malpractice & Ethics

The Supreme Court affirmed the order of the district court granting Defendant summary judgment and dismissing Plaintiff's legal malpractice claim, holding that collateral estoppel and in pari delicto barred Plaintiff's legal malpractice claim. In 2018, the district court revoked The Mattheis Company's (the Company) liquor license. In 2019, the Company sued Richard Mulligan and Mulligan Law Office, P.C. (collectively, Mulligan), for legal malpractice related to the revocation of its liquor license. The district court granted Mulligan summary judgment based on collateral estoppel. The Supreme Court affirmed, holding that collateral estoppel and in pari delicto barred the Company's legal malpractice claim.