How the EEOC’s Maintenance of an “Alleged Offenders” Log Can Help Prevent the Next Harvey Weinstein

SAMUEL ESTREICHER, JOSEPH SCOPELITIS

NYU law professor Samuel Estreicher and recent graduate Joseph A. Scopelitis argue that the EEOC should maintain a log of “alleged offenders” to help prevent the next Harvey Weinstein. Estreicher and Scopelitis explain why such a log would effectively balance the interests of the alleged offender and victim, the employer, and the public.

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Traugott v ARCTEC Alaska

Docket: S-17126

Opinion Date: June 12, 2020

Judge: Carney

Areas of Law: Civil Procedure, Government & Administrative Law, Labor & Employment Law, Personal Injury

Joseph Traugott suffered from with diabetes and a related foot condition, and developed an infection in his foot while working at a remote site. He required extensive medical treatment for his foot and did not work since developing the infection. The Alaska Workers’ Compensation Board decided the worker’s disability and need for medical treatment were compensable based on an expert opinion that work was the sole cause of the condition’s acceleration even if work was not the most significant cause of the worker’s overall condition. The Alaska Workers’ Compensation Appeals Commission reversed, because in its' view, the Board had asked the expert misleading questions. The Commission then concluded, based on a different opinion by the same expert, that the worker had not provided sufficient evidence to support his claim. Traugott appealed, raising issues about the interpretation of the new causation standard adopted in the 2005 amendments to the Alaska Workers’ Compensation Act (Act) and its application to his case. After review, the Alaska Supreme Court reversed the Commission’s decision and remanded for reinstatement of the Board’s award.

Alaska Police Standards Council v. Maxwell

Docket: S-17079

Opinion Date: June 12, 2020

Judge: Peter J. Maassen

Areas of Law: Civil Procedure, Government & Administrative Law, Labor & Employment Law, Professional Malpractice & Ethics

A police officer applied for a Permanent Fund Dividend (PFD) for several years when he was not eligible to receive one. Following an investigation, the Executive Director of the Alaska Police Standards Council petitioned the Council to revoke the officer’s police certificate on the ground that he lacked good moral character. An administrative law judge recommended against revoking the certificate, finding that the officer’s mistakes were not sufficient to demonstrate dishonesty or a lack of respect for the law. The Council, however, concluded that the officer’s hearing testimony - that he would fill out the applications in the same way if he had to do it over again - showed dishonesty and a lack of respect for the law, and it therefore revoked his certificate. The superior court agreed with the administrative law judge’s analysis of the evidence and the law and reversed the Council’s decision. The Council appeals. The Alaska Supreme Court determined the evidence disproportionately supported the finding of the administrative law judge that the police officer’s PFD applications and hearing testimony, while mistaken about the law, were not sufficient to raise substantial doubts about the officer’s good moral character. The Court affirmed the superior court's decision reversing the Council's revocation of the police certificate.

Arnoult v Webster

Docket: S-17168

Opinion Date: June 12, 2020

Judge: Craig F. Stowers

Areas of Law: Civil Procedure, Medical Malpractice

A patient filed suit in 2015 for dental malpractice against his periodontist stemming from care he received from October 2011 through December 2012. The doctor moved for summary judgment based on the two-year statute of limitations. The patient responded that the discovery rule applied, and the statute did not start running until October 2013, less than two years before he brought suit. The doctor asserted that the patient was on inquiry notice in January 2013, and therefore the statute of limitations expired months before he brought suit. The superior court granted the motion for summary judgment. Finding no reversible error in the superior court's grant of summary judgment to the doctor, the Alaska Supreme Court affirmed.

Linda Lewis, n/k/a Linda Miller v. Burl Brim et al.

Docket: S-17111

Opinion Date: June 12, 2020

Judge: Daniel E. Winfree

Areas of Law: Civil Procedure

Burl Brim and related entities (Brim) sued Linda Lewis in Oregon. The Oregon trial court first entered a contempt judgment against Lewis in 2016 for failing to abide by an oral settlement agreement the parties placed on the record six month earlier. Although the court had not incorporated the settlement terms into a judgment, the parties had agreed to a permanent injunction barring Lewis from making public comments about Brim. Brim later registered that contempt judgment, which included a monetary award against Lewis, in Alaska superior court. A few months later, the Oregon trial court entered a final judgment in the main litigation, setting out its version of the terms and conditions of the oral settlement agreement and injunctive relief. Brim registered the second judgment in Alaska shortly thereafter. The issue on appeal to the Alaska Supreme Court centered on the continuing effectiveness of a foreign civil judgment when the judgment was reversed by the foreign jurisdiction's appellate court. On the facts of this case, the Alaska Supreme Court concluded Oregon's appellate reversals of both judgments had to lead to the vacation of the two judgments registered n Alaska, and to the parties' return to their respective positions prior to Alaska enforcement proceedings.

Meyer v. Alaskans for Better Elections

Docket: S-17629

Opinion Date: June 12, 2020

Judge: Daniel E. Winfree

Areas of Law: Constitutional Law, Election Law, Government & Administrative Law

This appeal arose from the State’s action limiting the people's constitutional right to legislate directly by initiative. A proposed initiative instituting three substantive changes to Alaska's election laws was submitted to the lieutenant governor for review, certification and printing signature booklets. Determining the initiative violated a constitutional requirement that proposed initiative bills be confined to one subject, the lieutenant governor denied certification. The initiative's sponsors filed an action in superior court to challenge that decision. The superior court concluded, contrary to the lieutenant governor, that the initiative's various provisions were confined to the single subject of "election reform" and it accordingly should have been certified. The Court directed the State distribute petition booklets for the sponsors to collect signatures for placing the initiative on a future election ballot. The lieutenant governor and State elections officials appealed the superior court decision. The Alaska Supreme Court determined the superior court correctly adhered to the Supreme Court's prior interpretation of the relevant provisions of the constitution. Furthermore, the Court rejected the request to reverse precedent that the people's power to initiate laws generally was equivalent to that of the legislature.