Latest 3 Cases: In re White (Criminal Law), People v. Rodriguez (Criminal Law), Hart v. Keenan Properties, Inc. (Personal Injury)

Joint Employer Liability: Notes from Australia

SAMUEL ESTREICHER, NICHOLAS SAADY

NYU law professor Samuel Estreicher and Nicholas Saady, LLM, conduct a comparative analysis of the doctrine of joint employer liability, looking at the rules adopted by the U.S. Department of Labor and National Labor Relations Board as compared to the approach Australia has taken in an analogous context, “accessorial liability” doctrine.

Read More

In re White

Docket: S248125

Opinion Date: May 21, 2020

Judge: Cuellar

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the court of appeal finding that the trial court acted within its discretion when it denied bail to Petitioner, holding that the trial court's decision to order Petitioner detained was not an abuse of discretion. Petitioner was charged with felony offenses involving acts of violence and sexual assault. The trial court denied bail. Petitioner challenged the no-bail order by filing a petition for writ of habeas corpus. The court of appeal upheld the trial court's findings and denied relief. The Supreme Court affirmed, holding (1) a reasonable fact finder could conclude that Petitioner was guilty of at least one of the offenses for which he was charged beyond a reasonable doubt; (2) a court could conclude by clear and convincing evidence that there was a substantial likelihood that Petitioner's release could result in great bodily harm to others; and (3) the trial court did not abuse its discretion in ordering Petitioner detained on this basis.

People v. Rodriguez

Docket: S251706

Opinion Date: May 21, 2020

Judge: Groban

Areas of Law: Criminal Law

The Supreme Court affirmed the decision of the court of appeal reversing Defendant's conviction of two counts of assault by an inmate with a deadly weapon and other offenses, holding that the prosecutor impermissibly vouched for testifying officers' credibility. Specifically, the court of appeals held that the prosecutor impermissibly vouched for witness credibility by asserting in closing argument that two testifying officers would not lie because each would not put his "entire career on the line" and would not subject himself to "possible prosecution for perjury." The court further held that the error was prejudicial. The Attorney General petitioned for review solely on the question of whether the prosecutor's argument constituted impermissible vouching. The Supreme Court affirmed, holding (1) the prosecutor's closing argument constituted improper vouching; and (2) while the court of appeals appears to have overstated the import and effect of the prosecutor's remarks, the Attorney General did not argue harmlessness, and this Court expresses no view on the appellate court's conclusions that the statements were prejudicial.

Hart v. Keenan Properties, Inc.

Docket: S253295

Opinion Date: May 21, 2020

Judge: Carol Corrigan

Areas of Law: Personal Injury

The Supreme Court reversed the judgment of the court of appeal, holding that, under the facts of this case, a witness's observation of a company's name and logo appearing on an invoice was circumstantial evidence of identity, not proof of matters asserted in the document, and therefore, Defendant's hearsay objection was properly rejected. Plaintiffs sued Defendants, entities involved in the distribution and use of pipes containing asbestos, claiming that Defendants were liable for his mesothelioma. Only Keenan Properties, Inc.'s liability was at issue in this appeal, and the question turned on whether Keenan was the source of the pipes. The jury returned a verdict in favor of Plaintiffs, and a judgment of $1,626,517 was entered against Keenan. The court of appeal reversed, concluding that descriptions of Keenan sales invoices were hearsay. The Supreme Court reversed, holding that the trial court was correct in admitting testimony describing the invoices because the testimony did not convey hearsay.