Latest Case: Nelson v. Evans (Family Law)

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.

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Nelson v. Evans

Docket: 47069

Opinion Date: May 21, 2020

Judge: Moeller

Areas of Law: Family Law

"Although seemingly a simple question of statutory interpretation, at its essence this case concerns a profound family tragedy that has left three young girls caught in the middle of a legal battle between four people who love them." The Nelsons were the grandparents of three girls, ages thirteen, eleven, and eight. The Nelsons’ daughter, Stephanie Evans, and their son-in-law, Brian Evans, are the girls’ parents. The Nelsons petitioned a magistrate court seeking to establish visitation rights, but the court dismissed the petition, ruling: (1) the Nelsons lacked standing to file a petition under Idaho’s grandparent visitation statute); and (2) even if the Nelsons had standing, it would still grant summary judgment in favor of the girls’ parents because the Nelsons would be unable to overcome the presumption that fit parents make decisions in their children’s best interests. On intermediate appeal, the district court affirmed the magistrate court’s rulings. The Idaho Supreme Court determined the visitation statute, Code section 32-719, did not restrict when a grandparent could petition for visitation rights. Further, the district court erred in affirming the magistrate court's grant of summary judgment to the Evanses because the Supreme Court found genuine issues of material fact as to whether the Evanses’ decision to terminate all contact between the Nelsons and their children was in their children’s best interests. Judgment was reversed and the matter remanded to the magistrate court for an evidentiary hearing on the merits of the Nelsons' petition.