Latest 4 Cases: Wiggins v. Pianka (Arbitration & Mediation), Citizens Bank, N.A. v. Palermo (Banking), IDC Clambakes, Inc. v. Carney (Contracts)

The Dreadful Failure of Lethal Injection

AUSTIN SARAT

Austin Sarat—Associate Provost and Associate Dean of the Faculty and Professor of Jurisprudence & Political Science at Amherst College—comments on the decomposition of the legal injection paradigm over the past few decades, since it was first adopted in Oklahoma in 1999. Professor Sarat observes the evolution of the procedure over time and points out that none of the changes has resolved lethal injection’s fate or repaired its vexing problems.

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Let’s Talk About Sex, Baby: State Representative Ana-Maria Ramos Introduces Bill to Repeal Parental Consent Requirement for Birth Control

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman comments on a Texas bill that would allow teens to access birth control without parental involvement. Professor Grossman describes the current state of reproductive health laws and policies in Texas and explains why the proposed bill is so important.

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Wiggins v. Pianka

Docket: 19-268

Opinion Date: March 22, 2021

Judge: Prata

Areas of Law: Arbitration & Mediation, Personal Injury

The Supreme Court affirmed the judgment of the superior court confirming an arbitration award in favor of Petitioner, holding that there was no error by the hearing justice in granting the motion to confirm and denying the motion to vacate the award. Respondent filed a negligence action against Petitioner after their automobiles collided. The parties submitted the matter to nonbinding arbitration, and the arbitrator concluded that Respondent failed to satisfy his burden of showing that Petitioner acted negligently. Respondent filed a motion to vacate the arbitration award, and Petitioner filed a separate petition to confirm the arbitration award. The hearing justice confirmed the award. The Supreme Court affirmed, holding that Respondent failed to overcome his burden of defeated the presumption of validity to which an arbitration award was entitled.

Citizens Bank, N.A. v. Palermo

Docket: 19-366

Opinion Date: March 22, 2021

Judge: Prata

Areas of Law: Banking

The Supreme Court affirmed the judgment of the superior court in favor of Citizens Bank, N.A. arising from two delinquent student loans, holding that the superior court did not err. In 2007, Defendant entered into two separate student loan agreements, one of which Defendant received from Charter One Bank, which later changed its name to Citizens Bank, N.A. In 2007, Citizens Bank filed this action seeking damages for the remaining amount due on the loans. After a hearing, the trial court granted summary judgment in favor of Citizens Bank. The Supreme Court affirmed, holding that Defendant's arguments on appeal were without merit.

IDC Clambakes, Inc. v. Carney

Docket: 18-340

Opinion Date: March 19, 2021

Judge: William P. Robinson, III

Areas of Law: Contracts

The Supreme Court affirmed the judgment of the superior court granting summary judgment in favor of Defendants, the individual unit owners of the Goat Island South Condominium (GIS Condominium) and the Goat Island South Condominium Association, Inc. (GISCA), holding that there was no genuine issue of material fact remaining in this case. In his decision, the hearing justice concluded (1) Plaintiff, IDC Clambakes, Inc., had failed to demonstrate that it would be unjust for Defendants to receive any benefit or that it conferred a benefit upon Defendants; and (2) Clambakes' quasi-contract claims were barred by res judicata. The Supreme Court affirmed, holding that Defendants were entitled to judgment as a matter of law because it would be inequitable for Defendants to retain any benefit that may have been conferred on them by Clambakes.

Martin v. Wilson

Docket: 18-339

Opinion Date: March 19, 2021

Judge: Paul A. Suttell

Areas of Law: Real Estate & Property Law

The Supreme Court affirmed the judgment of the superior court entered in favor of Plaintiffs, Charles and Nicole Martin, on their claim for injunctive relief allowing them to access a common driveway for the purpose of entering and existing their property and enjoining Defendants, Glenn and Valerie Wilson, from interfering with such use, holding that the trial justice did not err. Specifically, the Supreme Court held that the trial justice (1) did not err by allowing parol evidence to be admitted; (2) neither overlooked nor misconceived material evidence in finding that Plaintiffs established an implied easement over the disputed section of the common driveway; and (3) did not err by finding that Defendants' counterclaims for declaratory judgment, trespass, and equitable relief were moot.