Double Jeopardy: Answers to Six Questions About Donald Trump’s Second Impeachment Trial

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, addresses six key questions about Donald Trump’s second impeachment trial. Falvy provides clear and supported answers to frequently asked questions such as whether the Senate can act to remove Trump from the presidency, whether it can hold a trial after his term expires, who should preside, and whether he will lose his presidential perks.

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Filosa v. Alagappan

Court: California Courts of Appeal

Docket: A156412(First Appellate District)

Opinion Date: January 8, 2021

Judge: Tucher

Areas of Law: Civil Procedure, Medical Malpractice

Filosa began complaining of headaches in 2004-2005. By 2010, the headaches were constant with acute episodes. In 2010, his doctor ordered an MRI. Dr. Alagappan, a radiologist, interpreted the results and did not detect any abnormalities. Filosa’s headaches worsened. He began taking antidepressants. Filosa’s symptoms affected his performance at work. He took medical leaves of absence in 2011 and 2012. He described vision problems, eye strain, extreme fatigue, and an inability to concentrate. Filosa’s employer demoted him for performance problems. Filosa asked a doctor whether he might have a brain tumor. His doctor dismissed the suggestion, saying nothing in Filosa’s blood work indicated he had cancer and that he had already had a negative MRI. In 2014, his headaches were sometimes incapacitating. He again raised the possibility of a tumor. He was referred to a neurologist and underwent brain imaging. He was told in December 2014 that the test showed a cyst or a tumor in his brain. A re-review of the 2010 MRI imaging showed a “relatively subtle” mass, which had increased. Filosa underwent surgery, which caused adverse physical effects. Filosa sued for medical negligence in 2016 based on the failure to diagnose the brain mass after his 2010 MRI. The trial court granted the defendants summary judgment, citing the statute of limitations. The court of appeal reversed. There is a triable issue of fact as to the date of Filosa’s injury and his discovery of the injury,

Cutting v. Down East Orthopedic Associates, P.A.

Court: Maine Supreme Judicial Court

Citation: 2021 ME 1

Opinion Date: January 12, 2021

Judge: Andrew M. Mead

Areas of Law: Medical Malpractice

The Supreme Judicial Court dismissed this appeal from an order of the superior court denying Down East Orthopedic Associates, P.A.'s motion to dismiss Carol Cutting's complaint for medical malpractice, holding that Down East had not established that this was the rare case that warranted the application of the judicial economy exception to the final judgment rule. Cutting filed a federal malpractice action against Down East asserting counts for failure to obtain informed consent and medical malpractice. The federal court dismissed the federal malpractice case for lack of subject matter jurisdiction. Cutting then filed a complaint in the state superior court asserting the same causes of action as those in her federal malpractice case. Down East filed a motion to dismiss on claim preclusion grounds. The superior court denied the motion, and Down East appealed. The Supreme Court dismissed the appeal, holding that this appeal does not come within the judicial economy exception to the final judgment rule.