Research Associates
	Volume 6, Number 12    Our 17th Year    December, 1998

 ATTENTION!!! Please note name change, new address and phone number!

BRIEF RELIEF

Motion and brief to compel testimony at deposition in New York.

Inconsistent verdict where defendant found guilty of possession with intent, but not guilty of possession.

Complaint against airline for delay and damage to baggage.

Attorney malpractice and civil conspiracy.

North Carolina motion to review support based on change in circumstances and standards applied.

Statute of limitations issue in negligence matter in Delaware.

New York slip-and-fall issue as to notice.

Federal criminal action and prosecutor’s duty to disclose witness statements.

Missouri law on utilization of tape recordings to impeach defendant. Application of state and federal law.

MATTERS OF INTEREST

U.S. Supreme Court - The Court allowed state funds to be used to send poor children to religious schools. The high court rejected a challenge arguing that a Wisconsin program providing vouchers for private schooling violated the constitutional separation between church and state.

In a narrowing of privacy rights that people who visit someone’s home for a short time do not have the same protection against a police search as the residents. "An overnight guest in a home may claim the protection of the Fourth Amendment, but one who is merely present with the consent of the householder may not." Minnesota v. Carter.

Supreme Court of Georgia - Roadblocks that comply with the court’s prior decision in LaFontaine v. State, 269 Ga. 251 (1998), do not violate the Georgia Constitution. Brent v. State, S98A1306, (11/16/98).

Washington Supreme Court - Planned private use of a portion of property that has been condemned for a public project does not automatically make the condemnation an unconstitutional taking. Washington State Convention and Trade Center v. Evan, et al., No. 65607-0 (11/12/98).

Oregon Supreme Court - By effectively threatening another lawyer with possible criminal and ethical charges, without lawful justification, the accused engaged in conduct prejudicial to the administration of justice under DR 1-102(A)(4). In re Conduct as to the Conduct of Gustafson, (SC S43937).

Although an expert may testify to an ultimate issue in a design-defect case, such testimony is not required to support the jury’s verdict. Bartley v. Euclid, Inc., 5th Cir. (10/20/98).

Torts - Common carriers should only be bound by the standard negligence doctrine of reasonable care. This standard provides necessary flexibility without compromising basic negligence theory. There is no longer a need for a separate, higher standard for common carriers. Bethel v. New York City Transit Authority, 1998 N.Y. (10/15/98).

Torts - Proximate Causation - Circumstantial Evidence -- To establish a prima facie case, plaintiff does not have to present positive proof that excludes all other plausible causes of the accident. Gayle v. City of New York, 1998 N.Y. (10/20/98).

In granting petition for review and withholding deportation, the 9th Circuit held that Korablina sufficiently demonstrated persecution based on her religion in addition to a reasonable fear of future persecution. Korablina v. Immigration and Naturalization Service, No. 97-70361 (10/23/98).

The 9th Circuit has jurisdiction to review the Board of Immigration Appeals ("BIA") denial of Yehdego’s motion to reopen because motions to reopen were not included within the limited and specific discretionary decisions banned under the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act ("IIRIRA") of 1996. Canlas Arrozal v. I.N.S., No. 97-70068 (10/27/98).

PUBLICATIONS OF INTEREST

Graois, Ellen W.. The Liability of Psychotherapists for Breach of Confidentiality, Journal of Law and Health: 1997-1998, pgs. 39-84.

Phillips, Ronald A., Esq.. Matrimonial Litigation Issues of Interest: Mistakes and the "Mistake of Fact" Petition, Rockland County Bar "News Brief," October 1998.

Alfred W. Blumrosen, Ruth G. Blumrosen, Marco Carmignani, and Thomas Daly. Downsizing and Employee Rights, Rutgers Law Review: Spring 1998, Vol. 50, No. 3, pg. 943.

Handschu, Barbara E.. When Parents Move. N.L.J. 11/2/98.

Levenson, Laurie L.. Sentencing. N.L.J. 12/7/98.

"(I)n the final analysis, society is better served by protecting our cherished right to free speech, even at the cost of tolerating speech that is outrageous, offensive and demeaning." District Court Judge Shira A. Scheindlin, S.D., N.Y., in General Media Communications v. Cohen, 131 F.3d 273.

"If due process requires that a rich man who wants a lawyer be allowed the opportunity to obtain one before he is tried, why should not due process give the same protection to the accused who is indigent?" Supreme Court Justice Wallace O. Douglas, in McNeal v. Culver, 81 S.Ct. 413, at 418-419.