Department of Justice Once Again Proves Its Loyalty to the President, Not the Rule of Law

AUSTIN SARAT

Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—comments on the recent news that the Justice Department will seek dismissal of charges against Michael Flynn. Sarat suggests that because the decision does not seem to advance the fair administration of justice in this case, the court should take the unusual step of refusing to grant the prosecutor’s motion to dismiss.

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Estate of Frey v. Mastroianni

Court: Supreme Court of Hawaii

Docket: SCWC-14-0001030

Opinion Date: May 5, 2020

Judge: Michael D. Wilson

Areas of Law: Medical Malpractice, Personal Injury

The Supreme Court vacated the intermediate court of appeals' (ICA) judgment affirming the judgment of the circuit court in favor of Dr. Robert Mastroianni on Plaintiff's claim that Dr. Mastroianni's negligence was the cause of Robert Frey's death, holding that the circuit court erred in holding that Plaintiff failed as a matter of law to present sufficient evidence of causation to make out a claim. Among other things, the circuit court held that it had no jurisdiction over Plaintiff's "loss of chance" claim - a claim that Dr. Mastroianni's negligence caused Frey to lose a chance of recovery or survival - because the claim was not raised before the medical claim conciliation panel (MCCP). The ICA affirmed. The Supreme Court vacated the lower courts' judgments, holding (1) while a "loss of chance" is not a separate compensable injury under Hawai'i law, it may be considered in determining legal causation; (2) Plaintiff asserted a medical negligence claim that met the requirements of the MCCP statute, and therefore, the circuit court had jurisdiction over Plaintiff's negligence claim, including its loss of chance arguments; and (3) the circuit court erred in granting judgment as a matter of law to Dr. Mastroianni.