Trump’s Coup Failed, But He Gave Republicans a Road Map to Ending Constitutional Democracy…Soon

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan points out that although Trump’s coup failed, Republicans now have in front of them all of the building blocks necessary to impose one-party rule in the United States within the next four years. In this first of a series of columns, Professor Buchanan describes but a few of the available options Republicans have to rig elections in their favor.

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Sousa v. Roy

Docket: 19-140

Opinion Date: January 19, 2021

Judge: Paul A. Suttell

Areas of Law: Trusts & Estates

The Supreme Court affirmed the superior court's grant of judgment as matter of law in favor of Defendant, individually and as trustee of The Gilbert F. Roy, Jr. Residence Trust - 2005, holding that the trial justice did not err. Plaintiffs sought a declaratory judgment that Defendant was holding property in a constructive trust for their benefit and asked the superior court to order Defendant to convey a co-tenancy interest to them. Plaintiffs requested monetary damages and asserted claims of promissory estoppel and unjust enrichment. The trial justice granted Defendant's motion for judgment as a matter of law. The Supreme Court affirmed, holding (1) the trial justice did not misapply the law of constructive trusts to the facts; (2) there was no error in the trial justice's finding that Plaintiffs failed to establish a valid promissory estoppel claim; and (3) the trial justice did not err in her analysis of Plaintiffs' unjust enrichment claim.