STRANGE LAWS

In Massachusetts, it is unlawful to deliver diapers on Sunday, regardless of emergencies.

In Seattle, Washington, it is illegal to carry a concealed weapon that is over six feet in length.

BRIEF RELIEF

Matters in Progress

New York - Review of title work; Preparation of Complaint to quiet title and second count of adverse possession.

Research regarding voluntary dismissal of federal court matter and issues, F.R.C.P. 41, reinstatement of case and assessment of costs.

Florida - Research regarding issue of stay of matter commenced prematurely when arbitration was proper remedy and issue of counsel fees.

Florida - Preparation of Memorandum regarding issue of piercing the corporate veil and liability of corporate officer when document signed without proper designation.

Memorandum regarding California Labor Code Section 96 and application to public employee.

Copies of Appellate Division and Court of Appeals decisions dealing with "medical malpractice" and "continuous treatment" applying C.P.L.R. section 214A.

PUBLICATIONS OF INTEREST

Mariner, Wendy K. Standards of Care and Standard Form Contracts: Distinguishing Patient Rights and Consumer Rightrs in Managed Care. Catholic University Journal of Contemporary Health Law & Policy. 1998, vol. XV, iss. 1. Writing that captures the essence of a patient’s place in medicine.

Lester, Toni. Protecting the Gender Nonconformist from the Gender Police - Why the Harassment of Gays and Other Gender Nonconformists is a Form of Sex Discrimination in Light of the Supreme Court’s Decision in Oncale v. Sundowner. New Mexico Law Review: Winter 1999, vol. 29, iss. 1.

Stroder, Rebecca. Campanelli v. AT&T: Are Cellular Communications Companies Public Utilities? Missouri (KC) Law Review: Winter 1999, vol. 68, iss. 2.

Sage, Laurann. Mainstream Loudoun v. Board of Trustees: Restricting Internet Access in Public Libraries. Missouri (KC) Law Review: Summer 1999, vol. 67, iss. 4.

MATTERS OF INTEREST

Taxpayer-H granted right to challenge innocent spouse relief claim by taxpayer-W. Section 6013(d)(3) of the Internal Revenue Code (26 U.S.C.A. sec. 6013(d)(3)), the liability with respect to the tax arising from a joint return by a husband and wife is joint and several, sec. 6015(b)(1) of the Internal Revenue Code provides that a spouse may be relieved from such liability if there is an understatement of tax attributable to the erroneous items of the other spouse. The nonelecting spouse should be afforded an opportunity to litigate the decision by the Service to grant relief to the electing spouse. Corson v. Comm., 114 TC No. 24 (5/18/00).

Supreme Court

The Court ruled that New Jersey’s hate-crime sentence enhancer is unconstitutional. The Court held that the Due Process Clause of the Fourteenth Amendment requires that a factual determination authorizing an increase in a defendant’s maximum prison sentence must be made by a jury on the basis of proof beyond a reasonable doubt. Apprendi v. New Jersey, 2000 WL 807189 (U.S.)

Earlier, in Jones v. U.S., 526 U.S. 227, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999), the Court held that under the Due Process Clause of the Fifth Amendment and the notice and jury trial guarantees of the Sixth Amendment, any fact (other than a prior conviction) that increases the maximum penalty for a crime must be charged in an indictment, submitted to a jury, and proven beyond a reasonable doubt.

Massachusetts Supreme Court

The Court held that not liking the looks of a female prospective juror was an inadequate group-neutral explanation for a peremptory strike. It did not describe qualities particular to the prospective juror, but could have been made about every woman. Com. v. Rodriguez, 2000 WL 796348 (Mass.).

Fifth Circuit

The Court held that a federal tax lien on a debtor’s income distributions from a spendthrift trust attached to future distributions at the time of creation of the lien, and not as of the time each distribution was made. Thus, the tax lien predated and survived bankruptcy. 180 F.3d 656 (C.A.5-Tex. 1999), cert. denied, 120 S.Ct. 1835, 68 USLW 3681, 68 USLW 3684 (U.S. May 1, 2000).

California Supreme Court

The Court upheld injunction against harassing speech in the workplace. Aguilar v. Avis Rent a Car System, 980 P.2d 846 (Cal. 1999) (plurality opinion), cert. denied, No. 99-781, 2000 WL 652909 (U.S. May 22, 2000).

New York Court of Appeals

One year for suing bank for forged signature or alteration of check runs from each monthly statement separately. Monreal v. Fleet Bank, ...N.Y.2d...,...N.Y.S.2d... (May 4, 2000).

Two-year period during which suicide voids life insurance runs from policy itself, not from binder issued earlier. Springer v. Allstate Life Ins. Co., 94 N.Y.2d 645,...N.Y.S.2d..., (May 9, 2000).

Maryland Court of Appeals

The Court holds that statute allowing prior paternity determination to be set aside upon genetic or blood testing excluding putative father applies to paternity determinations prior to statute’s effective date. Further, analysis of child’s best interest "generally may not be conducted in determining whether to grant a motion for testing." Langston v. Riffe, Nos. 117, 137, 136 (Md. June 28, 2000).