Hard Cases

JOSEPH MARGULIES

Cornell law professor Joseph Margulies uses the killing of Rayshard Brooks in Atlanta by police to explain some lessons for reform we might learn. Margulies calls upon us to use this case to reexamine the circumstances that should result in a custodial arrest and to shrink the function of police so as to use them only in the very few situations that truly require them.

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Arnoult v Webster

Court: Alaska Supreme Court

Docket: S-17168

Opinion Date: June 12, 2020

Judge: Craig F. Stowers

Areas of Law: Civil Procedure, Medical Malpractice

A patient filed suit in 2015 for dental malpractice against his periodontist stemming from care he received from October 2011 through December 2012. The doctor moved for summary judgment based on the two-year statute of limitations. The patient responded that the discovery rule applied, and the statute did not start running until October 2013, less than two years before he brought suit. The doctor asserted that the patient was on inquiry notice in January 2013, and therefore the statute of limitations expired months before he brought suit. The superior court granted the motion for summary judgment. Finding no reversible error in the superior court's grant of summary judgment to the doctor, the Alaska Supreme Court affirmed.

Sofia v. Dodson

Court: Supreme Court of Missouri

Docket: SC97854

Opinion Date: June 16, 2020

Judge: Laura Denvir Stith

Areas of Law: Medical Malpractice, Personal Injury

In this wrongful death action, the Supreme Court affirmed the order of the circuit court granting summary judgment in favor of Mercy Hospital Joplin due to the expiration of the statute of limitations, holding that the circuit court properly dismissed Mercy Hospital. On appeal, Plaintiffs conceded that the statute of limitations had run prior to the filing of their claim against Mercy Hospital. Plaintiffs, however, argued that the one-year savings statute that applies to nonsuits applied in this case because they had taken nonsuit against Mercy Hospital less than one year before filing the instant action. The Supreme Court affirmed, holding (1) Plaintiffs did not suffer a nonsuit against Mercy Hospital but, rather, substituted Mercy Clinic, LLC under Rule 55.33(c) in place of Mercy Hospital even though the limitations period had already expired; (2) Plaintiffs' substitution of Mercy Clinic in place of Mercy Hospital was not a nonsuit entitling them to the benefit of the one-year savings provision; and (3) therefore, the action against Mercy Hospital was time barred.