The Excessive Complexity of Federal Court Gatekeeping Law

MICHAEL C. DORF

Cornell law professor Michael C. Dorf explains why Trump v. Sierra Club, a challenge to President Trump’s border wall currently pending before the U.S. Supreme Court, exemplifies the needless complexity of federal court gatekeeping law. Professor Dorf lists the various legal doctrines that restrict access to the federal courts and argues that their number and complexity tend to undercut, rather than serve, justice.

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Mohns Inc. v. BMO Harris Bank National Ass'n

Docket: 2018AP000071

Opinion Date: February 2, 2021

Judge: Ann Walsh Bradley

Areas of Law: Contracts

The Supreme Court affirmed in part and reversed in part the decision of the court of appeals affirming the circuit court's order for judgment in favor of Mohns, Inc. and the award of compensatory damages for breach of contract and unjust enrichment, as well as punitive damages, holding that the damages award must be set aside. Specifically, the Supreme Court held (1) the circuit court properly exercised its discretion when it imposed judgment on liability as a sanction for the discovery violations of BMO Harris Bank National Association; (2) the damages award for unjust enrichment was in error because the law does not permit recovery of damages for both breach of contract and unjust enrichment arising from the same conduct; and (3) because punitive damages are recoverable only in tort the punitive damages award must be set aside because it was based upon an award of damages for the contract claims. The Court remanded the matter to the circuit court to modify the order for judgment.