Taking Stock: A Review of Justice Stevens’s Last Book and an Appreciation of His Extraordinary Service on the Supreme Court

RODGER CITRON

Rodger D. Citron, the Associate Dean for Research and Scholarship and a Professor of Law at Touro College, Jacob D. Fuchsberg Law Center, comments on the late Justice John Paul Stevens’s last book, The Making of a Justice: Reflections on My First 94 Years. Citron laments that, in his view, the memoir is too long yet does not say enough, but he lauds the justice for his outstanding service on the Supreme Court.

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Jalbert v. U.S. Securities & Exchange Commission

Court: US Court of Appeals for the First Circuit

Docket: 18-2043

Opinion Date: December 20, 2019

Judge: Torruella

Areas of Law: Securities Law, Trusts & Estates

The First Circuit affirmed the judgment of the district court granting the Securities and Exchange Commission's (SEC) motion to dismiss Plaintiff's complaint for lack of subject matter jurisdiction and failure to state a claim, holding that Plaintiff's claims were not entitled to judicial review. Plaintiff, in his capacity as trustee for the F2 Liquidating Trust, filed a complaint against the SEC asserting two claims under the Administrative Procedure Act (APA), 5 U.S.C. 551 et seq. The district court dismissed the case, determining (1) the right to judicial review of the SEC order at issue had been waived as part of a settlement between the SEC and F-Squared Investments, Inc., a former investment advisory firm; and (2) in any event, the court lacked subject matter jurisdiction because Congress vested the courts of appeals with exclusive jurisdiction over challenges to SEC orders. The First Circuit affirmed, holding that the district court correctly decided that the complaint failed to state a claim inasmuch as F-Squared waived judicial review by any court.

Dawson v. Stoner-Sellers

Court: Arkansas Supreme Court

Citation: 2019 Ark. 410

Opinion Date: December 19, 2019

Judge: Wynne

Areas of Law: Trusts & Estates

In this case involving the administration of several family trusts the Supreme Court reversed the denial of a jury trial on Appellant's legal claims and affirmed in all other respects the order of the circuit court denying Appellant's petition to direct trustee to issue trusts reports and accountings and for removal of trustees and for other relief, holding that the circuit court erred by denying Appellant a jury trial on his legal claims but otherwise did not err. Specifically, the Supreme Court held (1) the chief justice had jurisdiction to appoint a special judge in the case; (2) the circuit court erred by denying Appellant a jury trial on his legal claims, but Appellant was not entitled to a trial by jury on his equitable claims; (3) the circuit court did not err by relying on extrinsic evidence to determine settlor intent; (4) the circuit court did not err by denying Appellant's claim for failure to provide an accounting or in declining to appoint a special master; and (4) the circuit court did not err in not invalidating trust amendments.

PNC Bank, National Ass'n v. Honorable Edwards

Court: Kentucky Supreme Court

Docket: 2019-SC-000183-MR

Opinion Date: December 19, 2019

Judge: Vanmeter

Areas of Law: Trusts & Estates

The Supreme Court reversed the decision of the Court of Appeals determining that the Jefferson Circuit Court had concurrent jurisdiction over Appellee's breach of trust claims, holding that the Jefferson District Court has exclusive jurisdiction of all breach of trust claims arising out of a Ky. Rev. Stat. 386B.8-180 proceeding. Appellant was trustee of a revocable trust. Pursuant to section 386B.8-180, Appellant filed a petition in Jefferson District Court to approve its statutory notice informing Appellee that a different entity had accepted appointment as the new trustee. Appellee then filed an action in Jefferson Circuit Court alleging several breach of trust claims and filed for removal of the district court action to circuit court. The circuit court denied Appellant's motion for dismissal of the circuit court action. Appellant petitioned for a writ of prohibition, alleging that the circuit court lacked subject matter jurisdiction. The Court of Appeals denied the petition in part, concluding that concurrent jurisdiction existed for the breach of trust claims brought under the separate circuit court action. The Supreme Court reversed, holding that because Appellant followed the proper statutory procedure, any matters within Appellee's circuit court breach of trust action identical to those raised in the section 386B.8-180 proceedings were exclusively within the jurisdiction of the district court.

Williams v. Meeker North Dawson Nursing, LLC

Court: Oklahoma Supreme Court

Citation: 2019 OK 80

Opinion Date: December 17, 2019

Judge: Tom Colbert

Areas of Law: Civil Procedure, Health Law, Personal Injury, Trusts & Estates

The estate of an individual that died as a result of an injury incurred while being a patient of a nursing home sued the nursing home facility in a wrongful death action. The district court entered default judgment for Plaintiff after Defendant failed to file a response or appear in court multiple times. Over 200 days later, Defendant filed a petition to vacate default judgment and the petition was granted. Plaintiff appealed the ruling, and the Court of Civil Appeals (COCA), affirmed the trial court's decision. The Oklahoma Supreme Court concluded it was "patently clear" Defendant's arguments for the Petition to Vacate Judgment as to liability was without merit. "[The Nursing Home] Meeker was given a multitude of opportunities to respond to the litigation, but failed to respond to a single instance for 280 days after the initial service of process. Meeker failed to respond to any service of process or appear at any hearing, and did not have an argument with merit to support the inability to respond to the litigation." Accordingly the Supreme Court vacated the opinion of the Court of Civil Appeals, reversed the trial court's judgment granting the Petition To Vacate Judgment as to liability, and remanded this matter for a trial on damages.

Duffy v. Scire

Court: Rhode Island Supreme Court

Dockets: 17-348, 17-373, 17-374

Opinion Date: December 17, 2019

Judge: William P. Robinson, III

Areas of Law: Trusts & Estates

The Supreme Court affirmed the judgment of the superior court affirming rulings of the probate court and holding that the father (the decedent)Plaintiffs and Defendant had validly executed a last will and testament on June 9, 2011, holding that the last will and testament executed by the decedent on June 9, 2011 was valid. Plaintiffs alleged that the last will and testament was invalid because, on June 9, 2011, the decedent continued to be subject to a temporary limited guardianship, which included a provision prohibiting the Decedent from revoking or drafting any last will and testament. The superior court justice concluded that because the probate court had, on December 13, 2010, dissolved all portions of the guardianship restricting the decedent's ability to make a will, the last will and testament at issue was not invalid. The Supreme Court affirmed, holding that because the condition limiting the decedent's ability to revoke or draft a last will and testament was extinguished by the probate court in 2010, the last will and testament executed by the decedent in 2011 was valid.