Latest 2 Cases This Week: Lassiter v. Landrum (Ky.), West Virginia Counties Group v. Great Cacapon Volunteer Fire Department, Inc. (W. Va.)

Pope Francis’s Statement Endorsing Same-Sex Civil Unions Undermines the Moral Legitimacy and Legal Arguments in Fulton v. City of Philadelphia

DAVID S. KEMP, CHARLES E. BINKLEY

David S. Kemp, a professor at Berkeley Law, and Charles E. Binkley, MD, the director of bioethics at Santa Clara University’s Markkula Center for Applied Ethics, consider the implications of Pope Francis’s recently revealed statement endorsing same-sex civil unions as they pertain to a case currently before the U.S. Supreme Court. Kemp and Binkley argue that the Pope’s statement undermines the moral legitimacy of the Catholic organization’s position and casts a shadow on the premise of its legal arguments.

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Stigma and the Oral Argument in Fulton v. City of Philadelphia

LESLIE C. GRIFFIN

UNLV Boyd School of Law professor Leslie C. Griffin explains why stigma is a central concept that came up during oral argument before the Supreme Court in Fulton v. City of Philadelphia. Griffin points out that some religions have long supported racial discrimination, citing their religious texts, but courts prohibited such discrimination, even by religious entities. Griffin argues that just as religious organizations should not enjoy religious freedom to stigmatize people of color, so they should not be able to discriminate—and thus stigmatize—people based on sexual orientation.

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Lassiter v. Landrum

Court: Kentucky Supreme Court

Docket: 2018-SC-0657-DG

Opinion Date: October 29, 2020

Judge: Lambert

Areas of Law: Government & Administrative Law, Government Contracts

The Supreme Court affirmed the decision of the court of appeals requiring Appellant to comply with a subpoena duces tecum issued to him by the Secretary of the Finance and Administration Cabinet (Secretary), holding that the subpoena powers of the Secretary extend to suspected violations of Kentucky's Model Procurement Code (KMPC) and that the Secretary has the power to subpoena non-government employees as part of an investigation into a possible violation of the KMPC. The Secretary issued a subpoena to Frank Lassiter seeking information to assist in an investigation into whether certain government contracts complied with the KMPC. Lassiter refused to comply with the subpoena, arguing that the Secretary's authority to issue subpoenas under Ky. Rev. Stat. Chapter 45 did not extend to investigations into potential KMPC violations and, regardless, did not allow him to subpoena non-government employees. The circuit court denied the Secretary's motion to compel Lassiter's compliance, finding that the Secretary subpoena power did not apply to investigations into possible violations of the KMPC. The court of appeals reversed. The Supreme Court affirmed, holding that the Secretary's subpoena power applies to investigations into possible violations of the KMPC.

West Virginia Counties Group v. Great Cacapon Volunteer Fire Department, Inc.

Court: Supreme Court of Appeals of West Virginia

Docket: 19-0103

Opinion Date: November 4, 2020

Judge: Walker

Areas of Law: Contracts, Government & Administrative Law, Government Contracts, Insurance Law

The Supreme Court affirmed the circuit court's dismissal of West Virginia Counties Group Self-Insurance Risk Pool, Inc.'s (WVCoRP) claims against Great Cacapon Volunteer Fire Department, Inc. (VFD), holding that the circuit court did not err. When a fire destroyed the building where VFD was housed, the owner of the building, the Morgan County Commission, was reimbursed for the loss by WVCoRP. Seeking to recover the funds it expended, WVCoRP sued the VFD and other parties for negligence. In the process, WVCoRP invoked a contractual right to subrogation. The circuit court determined that the claims against VFD were barred by W. Va. Code 29-12A-13(c), which prohibits claims against political subdivisions made under a right of subrogation. The Supreme Court affirmed, holding (1) WVCoRP's claims spring from its coverage contract with the Commission and fall within any plain meaning of subrogation; and (2) section 29-12A-13(c) is not an insurance law of the State from which WVCoRP is exempt.