Latest 2 Cases: State v. Gomez (Criminal Law), Shepherd v. Costco Wholesale Corp. (Health Law)

The Oprah Interview as a Truth Commission

LESLEY WEXLER

Illinois Law professor Lesley Wexler explains how Oprah’s interview with Prince Harry and Meghan Markle might illuminate how a formal truth commission to deal with legacies of racism and colonialism might function in the British empire. Professor Wexler describes the purpose and function of state-operated truth commissions and notes the similarities and differences between those and the interview.

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State v. Gomez

Docket: CR-19-0292-PR

Opinion Date: March 9, 2021

Judge: Bolick

Areas of Law: Criminal Law

The Supreme Court vacated the decision of the court of appeals reversing Defendant's conviction of sexual assault, holding that the court of appeals improperly reversed the conviction on the ground that DNA evidence was improperly admitted. On appeal, the court of appeals held that the "minimal probative value" of the DNA evidence offered during trial was substantially outweighed by a danger of unfair prejudice and confusion and therefore was inadmissible under Ariz. R. Crim. P. 403. The court determined that the error was not harmless and reversed Defendant's conviction. The Supreme Court vacated the decision, holding that the evidence was neither unfairly prejudicial to Defendant nor confusing to the jury. The Court remanded this case to the court of appeals to consider an unresolved issue.

Shepherd v. Costco Wholesale Corp.

Docket: CV-19-0144-PR

Opinion Date: March 8, 2021

Judge: Montgomery

Areas of Law: Health Law, Personal Injury

The Supreme Court held that a plaintiff does not have to allege bad faith or rebut the good faith presumption in his complaint asserting a claim of negligent disclosure of medical information in order to withstand a motion to dismiss based on the immunity provided by Ariz. Rev. Stat. 12-2296. Plaintiff sued Costco, alleging several claims of action based on Costco's public disclosure of an embarrassing medication that Plaintiff twice rejected. Costco filed a motion to dismiss, asserting that Ariz. Rev. Stat. 12-2296 provided immunity and that Plaintiff's claims were preempted by Health Insurance Portability and Accountability Act (HIPAA). The trial court granted the motion. The Supreme Court reversed, holding (1) Plaintiff was not required to anticipate in his complaint Costco's affirmative defense of qualified immunity under section 12-2296 or to rebut the good faith presumption; and (2) Plaintiff permissibly referenced HIPAA to inform the standard of care for his negligence claim.