"The doctrine of the law then is this: that precedents and rules must be followed, unless flatly absurd or unjust; for though their reason be not obvious at first view, yet we owe such a deference to former times as not to suppose that they acted wholly without consideration."
-- Sir William Blackstone, Commentaries Volume I, Section III, Page No. 7.

"Perhaps the adage that hard cases make bad law should be revised to cover easy cases.
" -- Justice John Paul Stevens.

MATTERS OF INTEREST

California Supreme Court

McKown v. Wal-Mart Stores, Inc. No. 091097 (1/31/02) A hirer of an independent contractor is liable to an employee of the contractor under tort theories insofar as the hirer's provision of unsafe equipment affirmatively contributes to the employee's injury. To read the full text of this opinion, go to: http://caselaw.findlaw.com/data2/californiastatecases/S091097.doc

Florida Supreme Court

Wendt v. Horowitz, No. SC00-389 (6/13/02) Under section 48.193(1)(b) of Florida's long-arm statutes, "committing a tortious act" can occur by making telephonic, electronic, or written communications into the state, provided that the tort alleged arises from such communications, which subjects a non-resident defendant to personal jurisdiction. To read the full text of this opinion, go to: http://caselaw.lp.findlaw.com/data2/floridastatecases/6_2002/sc00-389.pdf

Hagan v. Coca-Cola Bottling Co. No. SC00-287 (12/13/01) The "impact rule" does not preclude emotional distress damages where plaintiff consumes a foreign substance in a beverage product, even if the plaintiff suffers no physical injuries. To read the full text of this opinion, go to: http://caselaw.lp.findlaw.com/data2/floridastatecases/12_2001/sc00-287.pdf

New York Court of Appeals

Gravlin v. Ruppert, 3 No. 53 (N.Y. 5/7/02) Modification of the child support provisions in a separation agreement is warranted where there has been an unforeseen change in circumstances which results in a concomitant increase in the child's expenses and needs, and the best interests of the child would be met through modification. To read the full text of this opinion, go to: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ny&vol=I02&invol=0058

Matter of Covert, 97 N.Y.2d 68, … N.Y.S.2d … (Nov. 20, 2001) While a murderer can't inherit property from the victim, inheritance rights of innocent members of his family may be upheld. Court of Appeals lets the parents of a murderer/husband retain rights coming through a joint will that he made with his murdered wife.

Chapman v. Silber and Stover v. Robilotto, 97 N.Y.2d 9, … N.Y.S.2d … (Nov. 15, 2001) Even without statute, landlord has common law liability for injury to children if landlord has right of entry for repairs and is on notice of lead paint hazard. The court reviews the elements needed to establish the common law liability.

Shauna Alami & Co. v. Volkswagen of American, Inc., 2 No. 15 (2/19/02) A manufacturer of an alleged defective design may not obtain summary judgment dismissal where the decedent was intoxicated at the time of the accident, if triable issues of fact could lead a jury to conclude that any injuries sustained were caused by design defects in the product.

Second Circuit

Caldarola v. Calabrese, No. 01-9053 (2d Cir. July 31, 2002) Because a police officer reasonably relied on private investigation firm reports in making a probable cause determination to arrest, he is entitled to qualified immunity to a 42 U.S.C. section 1983 claim false arrest claim. To read the full text of this opinion, go to: http://laws.lp.findlaw.com/2nd/019053.html

Fuchsberg & Fuschberg v. Chicago Ins. Co., No. 01-7654 (8/6/02) An insurer is collaterally estopped from arguing that a law firm associate's knowledge of his own wrongdoing forecloses coverage for the firm under its insurance contract, where the issue was raised and rejected on the merits in the New York Supreme Court. To read the full text of this opinion, go to: http://laws.lp.findlaw.com/2nd/017654.html

PUBLICATIONS OF INTEREST

James P. Lucier, editor, The Political Writings of James Monroe. (Regnery Publishing 2001) A founding father who deserves some renewed appreciation.

"Guidelines for Utilizing Collateral Sources of Information in Child Custody Evaluations," Family Court Review, Vol. 40, No. 2, April 2002.

"When Parents are on a Level Playing Field, Courts Cry Foul at Smoking: Smoking as a Determining Factor in Child Custody Cases," Family Court Review, Vol. 40, No. 2, April 2002.

David V. Lampman II, "Fun, Fun, Fun, 'Til Sonny (or the Government) Takes the T-Bird Away: Elder Americans and the Privilege to be Independent," Albany Law Journal of Science & Technology, Vol. 12, No. 3, 2002.

Tina M. Champion, "The Elderly Suing Doctors: Reasons and Recovery," Albany Law Journal of Science & Technology, Vol. 12, No. 3, 2002.

BRIEF RELIEF MATTERS IN PROGRESS

1. Issue in North Carolina as to child support guidelines and deviation.
2. Complaint in South Carolina - will contest.
3. Tenant in common designation on stock of cooperative development and rights thereunder in New York.
4. New York complaint for breach of employment contract, failure to pay compensation.
5. Opposition to motion to dismiss complaint for failure to state cause of action in Federal District Court.
6. California evidence issues.
7. Brief in verbal threshold matter - N.Y.