Latest 2 Cases: Ashford v. PricewaterhouseCoopers LLP (Arbitration & Mediation), United States v. Fall (Criminal Law)

COVID-19 Lays Bare the Cruelty of Neoliberalism

JOSEPH MARGULIES

Cornell law professor Joseph Margulies observes how the COVID-19 pandemic is exposing the cruel folly of neoliberal governance. Margulies points out that neoliberalism—the idea that social problems are better solved by the private sector than by government—has brought millions of Americans to the edge of financial and physical ruin, and COVID-19 will push them over. He argues that now more than ever, we must be communitarians rather than individualists.

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Ashford v. PricewaterhouseCoopers LLP

Docket: 18-1958

Opinion Date: April 3, 2020

Judge: Quattlebaum

Areas of Law: Arbitration & Mediation

The Federal Arbitration Act expresses a strong policy in favor of arbitration. Based on that, the Supreme Court and the Fourth Circuit have consistently held that contractual provisions capable of being reasonably read to call for arbitration should be construed in favor of arbitration. The Fourth Circuit reversed the district court's denial of PwC's motion to compel arbitration of plaintiff's Title VII claims. Following precedent, the court construed the arbitration provision in the employment agreement between the parties to require arbitration of plaintiff's Title VII claims, and the arbitration provision was neither procedurally nor substantively unconscionable. Accordingly, the court remanded with instructions to compel arbitration.

United States v. Fall

Docket: 18-4673

Opinion Date: April 3, 2020

Judge: Quattlebaum

Areas of Law: Criminal Law

The Fourth Circuit affirmed defendant's conviction for receipt, possession, and transportation of child pornography. The court affirmed the district court's denial of defendant's motion to suppress evidence found during the search of defendant's computer where, even if the search was not proper under the private search exception, the denial of the motion to dismiss should be affirmed under the good faith exception to the exclusionary rule. The court rejected defendant's multiplicity claim, holding that any overlap between counts 3, 4, and 5 and count 7 was much too small to warrant the finding that the offense conduct charged in count 7 was in fact the same as that charged in the receipt counts. The court held that there was sufficient evidence for a reasonable jury to find that defendant transported a pornographic video under count 6, and for receipt of child pornography in counts 3, 4, and 5.