Individuals seeking damages in civil lawsuits had slightly better than a 50-50 chance of winning in cases resolved by a jury or a judge. - Justice Department’s Bureau of Justice Statistics

"An ability to write clearly has become the most important requisite for an American appellate lawyer. If oral advocacy is an art, brief writing can be called a combination of art and science...The brief writer must immerse himself in this chaos of detail and bring order to it by organizing, organizing, organizing, so that the brief is a coherent presentation of the arguments in favor of the writer’s client." - Chief Justice William H. Rehnquist remarks to the Appellate Practice Institute of the American Bar Association on May 29, 1998.

BRIEF RELIEF

Obtain copies of pleadings in pending New York action and summary judgment decision.

New York case law on motorists to vacate jury verdict.

New York opposition to plaintiff’s Verified Petition to Stay Arbitration - underinsurance.

DWI cases from District of Columbia.

New York attorney’s right to act as real estate broker and license requirements.

Florida and right of election - equitable distribution rules.

Tennessee - affect of living wife on allegations of interest in marital property on divorce.

Draft of Employee Policy Manual for municipal corporation.

Brief in opposition to summary judgment on threshold issues.

Land use appeal brief.

PUBLICATIONS OF INTEREST

Reinhardt, Stephen. The Anatomy of an Execution: Fairness vs. Process. NY Law School Review: May 1992, Vol. 74, Iss. 2.

Rice, Paul R. Attorney-Client Privilege: The Eroding Concept of Confidentiality. Duke Law Journal: March 1998, Vol. 47, Iss. 5, pg. 853.

Stevens, Hugh. Responsibility in the Media. University of Florida Journal of Law & Public Policy: Spring 1998, Vol. 9, Iss. 2, pg. 177.

McIlwain, Christopher Lyle. The Qualified Immunity Defense in the Eleventh Circuit and Its Application to Excessive Force Claims. Alabama Law Review: Spring 1988, Vol. 49, Iss. 3.

O’Neill, Suzanne B. & Catherine Gerhauser Sparkman. From Law School to Law Practice 2d Edition. 1998. This book is a "must-have" for new associates, including legal assistants and librarians.

Vairo, Georgene. Forum Selection: Federal Venue Rules. National Law Journal, November 1, 1999.

Levenson, Laurie L. Criminal Law: School Searches. National Law Journal, November 15, 1999.

MATTERS OF INTEREST

California Supreme Court

When police are discharging their community caretaking functions, officers acting reasonably to protect the safety and security of persons and property, may briefly enter defendant’s residence without a warrant. People v. Ray, No. SO 71999 (8/19/99).

Ninth Circuit

The district court erred by refusing to modify its injunction to permit cannabis distribution to patients when it is a medical necessity. U.S. v. Oakland Cannabis Buyers’ Cooperative, No. 98-16950 (9/13/99).

Oregon Supreme Court

A pollution exclusion clause in an insurance policy is not enforceable when the clause appears in a section of the policy that grants rights to coverage and then restricts those rights and the section title is not sufficiently explanatory to put an insured on notice that rights to coverage are being excluded or excepted. Fleming v. United Services Automobile Assn., (SC S44805).

Washington Supreme Court

Searches incident to an arrest do not extend to searches of property belonging to passengers absent an objective basis to believe that such property holds a weapon or evidence. State v. Parker, No. 66147-2.

Third Circuit

Affirmative action plans illegally discriminate against white job candidates if there is no proof that the employer’s hiring goals were adopted to remediate a history of discrimination against the protected group. Schurr v. Resorts International Hotel, Inc.

New Jersey Appellate Division

A violation of N.J.S.A. 39:4-50 can be predicated upon the defendant’s operation of a motor vehicle while under the influence of alcohol within a private garage. State v. Garbin (11/18/99).

Fifth Circuit

A qui tam action brought by an uninjured private party without government intervention violates the Take Care clause and the separation of powers doctrine of the Constitution. The qui tam provision of the law allows a private party aware of alleged fraud against the government to file suit on behalf of the government and then get from 15 to 30 percent of any recovery. Joyce Riley v. St. Luke’s Episcopal Hospital.

Pennsylvania Supreme Court

The mere fact that a sleeping man was drunk in his parked car along a rural highway does not necessarily mean that he drove the car drunk to get there. Banner v. Commonwealth, PICS No. 99-1856.