Research Associates
	Volume 12, Number 4       Our 23rd Year   April 2004

“After twenty-five years’ observation, I can give it as the condensed history of most, if not all, good lawyers, that they lived well and died poor.” --- Daniel Webster

“It is the trade of lawyers to question everything, yield nothing, and talk by the hour.”

--- Thomas Jefferson

DECISIONS OF INTEREST

U.S. SUPREME COURT

GEN. DYNAMICS LAND SYS., INC. v. CLINE, No. 02-1080 (U.S.S.C. February 24, 2004)
The ADEA's text, structure, purpose, history, and relationship to other federal statutes show that the statute does not mean to stop an employer from favoring an older employee over a younger one. http://laws.lp.findlaw.com/us/000/02-1080.html
 

BANKS v. DRETKE, No. 02-8286 (U.S.S.C. February 24, 2004)
When police or prosecutors conceal significant exculpatory or impeaching material in the State's possession, e.g., by withholding evidence that would have allowed a defendant to discredit essential prosecution witnesses, it is ordinarily incumbent on the State to set the record straight.
http://laws.findlaw.com/us/000/02-8286.html
 

OLYMPIC AIRWAYS v. HUSAIN, No. 02-1348 (U.S.S.C. February 24, 2004)
Defendant is liable for the death of an international passenger because its conduct here constitutes an "accident" under Article 17 of the Warsaw Convention. Flight attendant's refusal to reseat the asthmatic passenger away from the smoking section was clearly external to him, and unexpected and unusual in light of industry standards, defendant's policy, and the simple nature of the requested accommodation. http://laws.lp.findlaw.com/us/000/02-1348.html

GROH v. RAMIREZ, No. 02-811 (U.S.S.C. February 24, 2004)
The search of plaintiffs' ranch was unreasonable under the 4th Amendment. The warrant was plainly invalid, failing to describe with particularity the items to be seized; because it did not describe these items at all, the search was presumptively unreasonable. http://laws.lp.findlaw.com/us/000/02-811.html

LOCKE v. DAVEY, No. 02-1315 (U.S.S.C. February 25, 2004)
Washington State's exclusion of the pursuit of a devotional theology degree from its otherwise-inclusive scholarship aid program does not violate the Free Exercise Clause. http://laws.lp.findlaw.com/us/000/02-1315.html

IOWA v. TOVAR, No. 02-1541 (U.S.S.C. March 08, 2004)
For a right-to-counsel waiver at the plea stage to be "knowing and intelligent," it is sufficient that the trial court inform the accused of the nature of the charges against him, of his right to be counseled regarding his plea, and of the range of allowable punishments attendant upon the entry of a guilty plea.
http://laws.lp.findlaw.com/us/000/02-1541.html

CRAWFORD v. WASHINGTON, No. 02-9410 (U.S.S.C. March 08, 2004)
Admission of a testimonial statement made by defendant's wife during police interrogation violated the Confrontation Clause. Where testimonial statements are at issue, the only indicium of reliability sufficient to satisfy constitutional demands is confrontation. http://laws.lp.findlaw.com/us/000/02-9410.html

SECOND CIRCUIT

AMNESTY AM. v. TOWN OF W. HARTFORD, No. 03-7332 (2d Cir. March 15, 2004)
Issues of material fact exist as to whether police used excessive force in removing plaintiffs from two anti-abortion demonstrations and arresting them; plaintiffs proffered sufficient evidence to preclude summary judgment as to whether defendant may be held liable for failing to supervise its police officers. http://caselaw.lp.findlaw.com/data2/circs/2nd/037332p.pdf

THIRD CIRCUIT

KOPEC v. TATE, No. 02-4188 (3d Cir. March 17, 2004)
Because a reasonable officer would have known that employing excessive force in the course of handcuffing would violate the Fourth Amendment, the district court erred in granting summary judgment to defendant on the basis of qualified immunity. http://caselaw.lp.findlaw.com/data2/circs/3rd/024188p.pdf

 NEW YORK COURT OF APPEALS

CHAMBERS v. OLD STONE HILL RD. ASSOCS., 15 (N.Y. February 24, 2004)
Restrictive covenants intended to preserve the residential character of defendant's neighborhood prevent it from leasing a lot for purposes of siting a wireless telecommunications tower. The town's determination that this site provides the least intrusive means to close a significant gap in personal wireless services does not justify extinguishing the covenants. http://caselaw.lp.findlaw.com/data/ny/cases/app/15opn04.pdf
 

MATTERS OF INTEREST

The Legal Intelligencer
Finding that Brian Puricelli's courtroom work was "artful" in securing a $430,000 verdict in a civil rights suit, but that his written work was laden with typographical errors, a Pennsylvania federal magistrate judge has ruled that his court-awarded fees should be paid at two rates -- $300 per hour for the courtroom work, but $150 per hour for the pleadings. Judge Jacob P. Hart seemed almost amused as he described some of the writing as "nearly unintelligible." http://www.law.com/jsp/article.jsp?id=1076428397626

 DOCUMENTS OF INTEREST

Justice Antonin Scalia of bluntly rejected demands that he step aside in a case involving Vice President Dick Cheney, mocking criticism that a duck hunting trip that the two were on together in January indicated possible favoritism for his longtime friend.

For copy of memo, contact RESEARCH ASSOCIATES jmf@researchassociates.net

BRIEF RELIEF MATTERS

1. New York law of bailments.
2. Constitutionality of N.Y. pistol permit law and whether it has identifiable standards.
3. Is travel time of employee compensable?
4. New York pierce corporate veil and economic duress.
5. New York motion for summary judgment in commercial real estate matter.
6. Privacy and any restrictions on day camp from providing names to insurance carrier.
7. Condemnation and leasehold.
8. Estate law of Dominican Republic.