Also known as: plain language
Written by attorneys — see sources below.
Clear and accessible language that avoids unnecessary legal jargon and complex sentence structures.
Patrick Phan and Priscilla Parks executed a premarital agreement without independent counsel for Priscilla. The document contained only dense legal recitals and no explanation of the rights being waived. A court later refused to enforce the waiver provisions because the required plain English explanation was missing.
Preston Pratt and Portia Price signed a postnuptial agreement after the surviving spouse provisions became relevant. The agreement lacked any plain English description of the rights being modified. The probate court declined to uphold the waiver against the surviving spouse.
Peter Park submitted an affidavit in opposition to a motion for summary judgment. The affidavit stated the factual basis for his claims in accessible language. The court accepted the submission as creating a genuine issue of material fact.
In September 1980 respondent Catrett, as administratrix of her husband's estate, commenced a wrongful-death action in the Superior Court of the District of Columbia against fifteen named corporations including petitioner Celotex Corporation. The complaint alleged that her husband Louis H. Catrett died in 1979 from exposure to asbestos products manufactured or distributed by the defendants. The action was removed to the United States District Court for the District of Columbia on diversity grounds. After extensive discovery Celotex filed a motion for summary judgment in September 1981 asserting that respondent had failed to produce any evidence that the decedent had been exposed to Celotex asbestos products. In response respondent produced a transcript of the decedent's deposition taken in a separate California proceeding, a letter from an official of one of Celotex's former insurance companies, and a letter from one of Celotex's customers. In July 1982 the District Court granted summary judgment to Celotex on the ground that respondent had made no showing of exposure to Celotex products in the District of Columbia or elsewhere within the statutory period. Respondent appealed only that ruling. A divided panel of the Court of Appeals for the District of Columbia Circuit reversed, holding that Celotex had failed to meet its initial burden because it made no effort to adduce affirmative evidence supporting its motion. The Supreme Court granted certiorari to resolve a conflict among the circuits concerning the proper standard under Rule 56.
View casePhilip Powell filed a petition seeking visitation with his grandchildren. The supporting memorandum explained the family circumstances in accessible language. The court considered the petition on its merits without dismissing it for lack of clarity.
Tommie Granville and Brad Troxel never married but had two daughters, Isabelle and Natalie. Jenifer and Gary Troxel are Brad's parents and the paternal grandparents of the children. After Granville and Brad separated in 1991, Brad lived with his parents and regularly brought Isabelle and Natalie to their home for weekend visitation. Brad Troxel committed suicide in May 1993. The Troxels continued to see the children on a regular basis after his death. In October 1993 Granville informed the Troxels that she wished to limit their visitation to one short visit per month. In December 1993 the Troxels filed a petition in Washington Superior Court for Skagit County under Rev. Code Wash. § 26.10.160(3) seeking visitation rights. The statute provides that any person may petition the court for visitation rights at any time. The court may order visitation when it may serve the best interest of the child whether or not there has been any change of circumstances. The Troxels requested two weekends of overnight visitation per month and two weeks each summer. Granville proposed one day of visitation per month with no overnight stay. In 1995 the Superior Court ordered visitation one weekend per month, one week during the summer, and four hours on both grandparents' birthdays. Granville appealed. The Washington Court of Appeals reversed on the ground that nonparents lack standing to seek visitation under the statute unless a custody action is pending. The Washington Supreme Court granted review, held that the Troxels had standing, but affirmed on the ground that the statute unconstitutionally infringes on the fundamental right of parents to rear their children. The United States Supreme Court granted certiorari and affirmed the judgment.
View casePrecision Tools and Prosperity Investments included a choice of law provision in their contract. The clause used accessible language so that each party understood the governing law. A court later enforced the provision without finding ambiguity in the language.
Ronald Elwell worked as an engineering analyst for General Motors Corporation from 1959 until 1989. For fifteen years he was assigned to the Engineering Analysis Group studying the performance of GM vehicles in product liability litigation, particularly those involving fires. He assisted GM lawyers in defending such suits. Beginning in 1987 the Elwell-GM employment relationship soured. GM and Elwell first negotiated an agreement under which Elwell would retire after serving as a GM consultant for two years. When the time came for Elwell to retire, however, disagreement again surfaced and continued into 1991. A month later Elwell sued GM in a Michigan County Court alleging wrongful discharge and related tort and contract claims. GM counterclaimed that Elwell had breached fiduciary duties by disclosing privileged and confidential information and misappropriating documents. Following a hearing, the Michigan trial court on November 22, 1991, enjoined Elwell from consulting or discussing with or disclosing to any person any of General Motors Corporation's trade secrets, confidential information or matters of attorney-client work product relating in any manner to the subject matter of any products liability litigation whether already filed or to be filed in the future which Ronald Elwell received, had knowledge of, or was entrusted with during his employments with General Motors Corporation. In August 1992 the parties settled for an undisclosed sum. They jointly submitted a stipulated permanent injunction that the Michigan court entered without further hearing. The injunction comprehensively enjoined Elwell from testifying, without the prior written consent of General Motors Corporation, either upon deposition or at trial, as an expert witness, or as a witness of any kind, and from consulting with attorneys or their agents in any litigation already filed, or to be filed in the future, involving General Motors Corporation as an owner, seller, manufacturer and/or designer of the product(s) in issue. The separate settlement agreement stated that court-ordered testimony would in no way form a basis for an action in violation of the Permanent Injunction or this Agreement. In February 1990 Beverly Garner died when the engine of her 1985 Chevrolet S-10 Blazer caught fire after a Missouri highway collision. Her sons Kenneth and Steven Baker filed a wrongful-death product liability suit against GM in Missouri state court in September 1991. They alleged a defective fuel pump caused the post-collision fire. GM removed the case to federal court on diversity grounds. GM defended on the merits that the fuel pump was not faulty and that impact injuries alone caused the death. The Bakers sought to depose Elwell and call him at trial. GM objected on the basis of the Michigan injunction. After in camera review of the injunction and settlement agreement the Missouri federal district court permitted Elwell's deposition and trial testimony. The court relied on alternative grounds that Missouri public policy favored disclosure of relevant nonprivileged information and that the injunction was modifiable. At trial Elwell testified in support of the Bakers' fuel-pump defect claim. He identified a 1973 internal GM memorandum concerning fuel-fed engine fire risks. The jury returned an $11.3 million verdict for the Bakers. The district court entered judgment on the verdict. The Eighth Circuit reversed. It held that Elwell's testimony should not have been admitted because the Michigan injunction controlled. Missouri's public policy favoring full faith and credit outweighed any disclosure policy. The Supreme Court granted certiorari to decide whether the full faith and credit requirement stops the Bakers from obtaining Elwell's testimony in their Missouri action.
View casePrime Logistics revised its employee handbook to describe fetal protection policies in accessible language. Female employees could readily understand the restrictions and their rights. The revised language helped the company defend the policy against disparate impact claims.
Johnson Controls, Inc. manufactures batteries. The manufacturing process uses lead as a primary ingredient. Occupational exposure to lead creates health risks, including potential harm to a fetus carried by a female employee. Before the Civil Rights Act of 1964, the company employed no women in battery-manufacturing jobs. In June 1977, Johnson Controls announced its first official policy on employment of women in lead-exposure work. The policy stated that protection of the health of the unborn child is the responsibility of prospective parents. It also stated that it would be illegal discrimination to treat all women capable of pregnancy as though they will become pregnant. The 1977 policy required a woman seeking consideration for employment to sign a statement. The statement acknowledged evidence that women exposed to lead have a higher rate of abortion. It advised that it was medically good sense not to run that risk if she wanted children. Five years later in 1982, after eight employees became pregnant between 1979 and 1983 while maintaining blood lead levels in excess of 30 micrograms per deciliter, Johnson Controls adopted a new policy. The new policy excluded women who were pregnant or capable of bearing children from jobs involving lead exposure. It also excluded them from jobs that could expose them through bidding, bumping, transfer or promotion rights. The 1982 policy defined women capable of bearing children as all women except those whose inability to bear children is medically documented. It applied to any work station where an employee had recorded a blood lead level over 30 micrograms per deciliter. It also applied where the site had yielded an air sample exceeding 30 micrograms per cubic meter over the past year. In April 1984, the International Union, United Automobile, Aerospace & Agricultural Implement Workers of America and individual plaintiffs filed a class action. The plaintiffs included Mary Craig, who chose sterilization to avoid losing her job. Elsie Nason was a 50-year-old divorcee transferred out of a lead-exposed job with loss of compensation. Donald Penney was denied a leave of absence to lower his lead level because he intended to become a father. The suit was filed in the United States District Court for the Eastern District of Wisconsin. The District Court certified a class of all past, present and future production and maintenance employees in UAW bargaining units at nine Johnson Controls plants. The class consisted of those who have been and continue to be affected by the 1982 Fetal Protection Policy. The District Court granted summary judgment for Johnson Controls. The Court of Appeals for the Seventh Circuit, sitting en banc, affirmed the summary judgment by a 7-to-4 vote. The Supreme Court granted certiorari in 1990.
View caseUniform acts require an explanation in plain language of the rights being waived when a party lacks independent legal representation. The absence of such an explanation prevents enforcement of the waiver.
Supporting sources
…that the judge thought it was in the child’s best interest. The Washington Supreme Court’s decision is consistent with the plain language of the statute. The statute contains no requirement that a court must find that a parent is unfit before ordering visitation. Nor does the statute require a showing of harm or potential…