When Children Stay Home—A COVID-19 Consequence

KATHRYN ROBB

Kathryn Robb, executive director of CHILD USAdvocacy, describes how the COVID-19 pandemic uniquely endangers children who are being sexually abused by people close to them. Robb describes ways in which teachers, coaches, and other adult figures in children’s lives must do to ensure the safety of children in this time when schools and other safe spaces are shut down.

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Golden Spread Electric Cooperative v. Emerson Process Management Power & Water Solutions

Docket: 19-10238

Opinion Date: April 8, 2020

Judge: Jacques Loeb Wiener, Jr.

Areas of Law: Business Law, Contracts

The Fifth Circuit affirmed the district court's dismissal of Golden Spread and Westport's tort claims against Emerson. The claims arose after Emerson installed a new control system for Golden Spread and the control system's software had been programmed incorrectly. The court held that the economic loss rule, which prevents recovery in tort for purely economic damage unaccompanied by injury to persons or property, is applicable in this case. The court reasoned that the Texas Supreme Court would conclude that the risk suffered here is better addressed in contract than in tort. In this case, the parties are sophisticated, commercial actors that actually did negotiate over the allocation of risk. Furthermore, the parties themselves were in the best position to understand and allocate the risks of their transaction ahead of time to resolve any ambiguities in the application of that rule to their circumstances.

Arteaga-Ramirez v. Barr

Docket: 19-60024

Opinion Date: April 8, 2020

Judge: Per Curiam

Areas of Law: Immigration Law

The Fifth Circuit denied a petition for review of the BIA's decision dismissing petitioners' appeal of the IJ's denial of their application for relief under, inter alia, the Convention Against Torture (CAT). Petitioners alleged that their due process rights were infringed when the IJ failed to develop the record with respect to their CAT claim and argued that this warrants remand for further consideration. Assuming without deciding that a due process violation occurred, the court held that petitioners failed to show that the outcome of the proceedings would have been different if the IJ had developed the record further.