How Much Worse Will Trump Become, and How Quickly?

NEIL H. BUCHANAN

Neil H. Buchanan, law professor and economist at UF Levin College of Law, contemplates the world in which we are likely to live if President Trump is reelected. Focusing in this column on the effects on government employees and contractors, Buchanan predicts that our society will be almost unimaginably worse a year from today and thereafter.

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Letting His Hair Down: Why a School District in Texas Is Wrong to Deprive a Male Student of an Education Because of the Length of His Hair

JOANNA L. GROSSMAN, KATHARINE BARTLETT

SMU Dedman School of Law professor Joanna L. Grossman and Duke law professor Katharine T. Bartlett explain why a public school district in Texas violated both the federal Constitution and Title IX by having (and enforcing) a hair-length policy for boys but not for girls. Grossman and Bartlett describe the facts of the case and the legal landscape for sex-specific dress and appearance policies before concluding that the school district’s decision to enforce the policy was not only poor judgment but illegal.

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Henry Law Firm v. Atalla

Docket: 19-1391

Opinion Date: February 12, 2020

Judge: Erickson

Areas of Law: Civil Procedure, Contracts

The Eighth Circuit affirmed the district court's denial of defendant's motions for dismissal and for summary judgment, granting summary judgment to the law firm. The court applied a five-factor test to determine the sufficiency of defendant's contacts and held that, when all of the circumstances are viewed in the aggregate, defendant had fair warning that he could be subject to jurisdiction in Arkansas. In this case, defendant's contacts with Arkansas involved more than just his guaranty; the language of the contract provided for Cuker to perform its obligations in the Western District of Arkansas; and, as personal guarantor of Cuker's performance, it was reasonable and foreseeable for defendant to anticipate being haled into that same court if Cuker failed to perform. The court rejected defendant's claim that his personal guaranty is unenforceable as a matter of law because his obligations are not adequately specified. The court held that the express terms of the legal services agreement evidence an intent to hold defendant liable to the same extent as Cuker's liability. Finally, the court applied state, not federal elements of estoppel in diversity cases, and held that the district's reasoning and the record supported equitable estoppel.

Walmart, Inc. v. Cuker Interactive, LLC

Dockets: 18-1959, 18-2081

Opinion Date: February 12, 2020

Judge: Erickson

Areas of Law: Contracts

After the jury returned a verdict in favor of Cuker on its claims against Walmart for breach of contract, unjust enrichment, and misappropriation of trade secrets, the district court reduced the amount of damages awarded by the jury and entered judgment in favor of Cuker. The district court subsequently further reduced the damages awarded to Cuker on the ground that Cuker presented insufficient evidence to demonstrate it undertook reasonable efforts to maintain the secrecy of three of the four alleged trade secrets. Finally, the district court found in favor of Cuker on all other issues. The Eighth Circuit affirmed the district court's judgment, holding that the evidence in the record supported the jury's finding that Cuker took reasonable efforts to protect only one of the alleged trade secrets, the Adobe Source Files; because Cuker failed to take reasonable steps to protect the other three alleged trade, that information was not subject to protection under the Arkansas Trade Secrets Act (ATSA); evidence in the record established that Walmart used improper means to acquire Cuker's Adobe Source Files and that it did so wilfully and maliciously; there was no error in the district court's analysis or conclusions on the reduction in damages based on Cuker's failure to establish proximate cause; and Walmart's argument that the contract granted Walmart a perpetual and irrevocable license was without merit. The court also held that the district court properly instructed the jury on material breach of contract; the record supported the jury's finding that Walmart's acts, hindrances, or delays excused Cuker's performance; sufficient evidence supported the conclusion that Walmart engaged in intentional wrongdoing; it was permissible under the ATSA for the district court to enter a injunction; and there was no error in denying Walmart's motion for a new trial.

Silvestre-Giron v. Barr

Docket: 18-2887

Opinion Date: February 12, 2020

Judge: Grasz

Areas of Law: Immigration Law

The Eighth Circuit denied the petition for review of the BIA's dismissal of petitioner's appeal from the IJ's order denying her request for withholding of removal under section 241(b)(3)(A) of the Immigration and Nationality Act and protection under the Convention Against Torture (CAT). In this case, petitioner feared extortion and death if she returned to Guatemala. The court held that, assuming family constitutes a particular social group, substantial evidence supported the finding that petitioner's family membership is not a central reason for the persecution she fears in Guatemala. The court also held that substantial evidence supported the BIA's conclusion that it is not likely that petitioner will suffer torture by or with the consent or acquiescence of a public official in Guatemala.