Latest 3 Cases: In re: Benitez (Bankruptcy), United States v. Bala (Civil Procedure), Johnson v. Humphreys (Labor & Employment Law)

The Real Insidious Part of Dershowitz’s Impeachment Defense

VIKRAM DAVID AMAR, EVAN CAMINKER

Illinois law dean Vikram David Amar and Michigan Law dean emeritus Evan Caminker discuss Harvard Law professor Alan Dershowitz’s explanation of why he stands (virtually) alone in his views on impeachment—that all the scholars who disagree with him are biased partisans. Amar and Caminker explain why this claim is so insidious, with effects lasting well beyond the span of the current presidency.

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In re: Benitez

Docket: 19-6030

Opinion Date: February 4, 2020

Judge: Schermer

Areas of Law: Bankruptcy

The bankruptcy appellate panel affirmed the bankruptcy court's dismissal of debtor's Chapter 13 bankruptcy case. The panel held that the bankruptcy court properly dismissed the Chapter 13 case as void because it was a violation of the automatic stay in his pending Chapter 7 bankruptcy case. In this case, by filing his Chapter 13 petition, debtor attempted to exercise control over his interest in the property, which was undisputed to be property of his Chapter 7 bankruptcy estate.

United States v. Bala

Docket: 18-2849

Opinion Date: February 4, 2020

Judge: James B. Loken

Areas of Law: Civil Procedure

The Eighth Circuit affirmed the district court's denial of a successive petition for a certificate of innocence, holding that the petition was barred by the doctrine of res judicata and that the district court did not err in finding that defendant's petition was barred. In a previous case, the court reversed federal gambling and money laundering convictions of RSI and its president, defendant, because the government failed to prove any of the offenses charged. RSI and defendant then petitioned for a certificate of innocence, the statutory prerequisite to an action in the Court of Federal Claims seeking damages from the government for wrongful imprisonment. The court affirmed the denial of the district court's petition, because RSI and defendant were not truly innocent of a state criminal gaming law violation.

Johnson v. Humphreys

Docket: 18-3578

Opinion Date: February 4, 2020

Judge: Kobes

Areas of Law: Labor & Employment Law

The Eighth Circuit affirmed the district court's judgment in favor of UPS, holding that plaintiff's action alleging that he was fired because of his race in violation of the Arkansas Civil Rights Act of 1993 was preempted under the Labor Management Relations Act (LMRA). In this case, plaintiff's claim depended on interpreting the collective bargaining agreement provisions, and thus was completely preempted under the LMRA. Therefore, the district court did not err by denying plaintiff's motion to remand to state court or in granting judgment for UPS.