"The purpose of a jury is to guard against the exercise of arbitrary power-to make available the common sense judgment of the community as a hedge against the overzealous or mistaken prosecutor and in preference to the professional or perhaps over-conditioned or biased response of a judge." Justice Byron White (1975)

BRIEF RELIEF MATTERS IN PROGRESS
1. New York amended complaint in contract action and answer to counterclaim.
2. Survey of Georgia Law on foreclosure and possible constitutional issues.
3. Application of seniority rules in railroad employee complaint and failure to pay overtime.
4. Federal Criminal case and issue of attorney-client privilege.
5. New York return of engagement ring.
6. Draft of complaint for injuries sustained in fire at rental residence due to negligent supervision.
7. Proposed interrogatories in product liability matter.

MATTERS OF INTEREST
1st Circuit
Dreiblatt v. St. Paul fire & Marine Ins. Co., 264 F.3d 126 (1st Cir. 2001) A condominium association brought an action against a property insurer to recover under its insurance policy for extensive roof damage attributable to a heavy snowstorm. Held that the condominium roof, although damaged by a heavy snowstorm, did not "collapse"; and thus the policy did not provide coverage. The court went on to hold that the hidden changes in metal supports within the space between the ceiling and outer roof of the condominium did not constitute a collapse and that the hidden changes were insufficient to support
Coverage under the policy.

2nd Circuit
Hamilton v. Accu-tek, No. 99-7753, (2nd Cir August 31, 2001) handgun manufacturers do not, under New York law, owe a duty to crime victims to exercise reasonable care in the marketing and distribution of the handguns they manufacture.

Lizardo v. Denny's Inc., No. 00-9063 (2nd cir October 9, 2001) a restaurant's failure to greet customers on an extremely busy evening and an exasperated or testy response to a complaint of discrimination does not constitute marked hostility, nor is it conduct which should be presumed to have its origins in racial bias.

US v. Harrell, No. 00-1772 (2nd Cir October 12, 2001) even if a police officer did not subjectively observe a traffic violation, if his observations would lead an "objectively reasonable" officer to believe that a violation occurred, probable cause exists to stop the vehicle.

8th Circuit
Boone v. Barnes (9/10/01-No. 00-6105) under Missouri law, a police officer's observations of the driver and opinion that alcohol dissipates at a certain rate over time alone is insufficient to establish that driver was intoxicated at the time of the accident.

9th Circuit
Dazo v. Globe Airport Sec. Servs. (10/11/01-No. 00-15058) the Warsaw Convention preempts state law claims for damages from the theft of carry-on bags from an airport security checkpoint.

6th Circuit
Hunt v. Mitchell, No. 99-4308, 2001 WL 945372 (6th Cir. Aug. 22, 2001) Sixth Circuit found ineffective assistance of counsel when an attorney was assigned to the case minutes before the voir dire began and did not have an opportunity to consult with the defendant regarding the matter.

7th Circuit
Sparing v. Village of Olympia Fields (9/19/01-No.00-1021) a police officer effectuates an arrest by opening a screen door and stepping into the arrestee's home without consent, exigent circumstances, or a warrant violates the fourth Amendment even if he has probable cause for the arrest.

Leventhal v. Knapek, No. 00-9306 (2d cir September 26, 2001) While a public employee may have a privacy right in the contents of office computer, an anonymous tip that the employee used the computer for non-business use justified search of computer.

9th Circuit
USA v. Nguyen, No. 00-10272 (8/28/01) The district court abused its discretion in denying a reasonable continuance for a substitute counsel to prepare for trial when it failed to display adequate concern for Nguyen's understanding of and participation in the trial. Nguyen repeatedly requested a new attorney claiming that the public defender did not communicate with Nguyen regarding his case and that he felt that defender was not really helping him.

PUBLICATIONS OF INTEREST

Sherry Colb: Is Cruelty to Animals the Mere Destruction of Property?: The highway dog-killing and animal rights. Colb argues that Burnett's conduct warranted a sentence, and that the law errs when it treats pets as merely the owner's property.

Steven Ratner & Jason Abrams: Accountability for Human Rights and Atrocities in International Law: Beyond the Nuremberg Legacy.

Employee Relations Law Journal, Vol. 27, No. 1, Summer 2001: Preparation for Settlement of Workplace Disputes.

Amercian Cirminal Law Review, Vol. 38, No.1, Winter 2001: Don't let sleeping lawyers lie" Raising the Standard for Effective Assistance of Counsel.

Drake Law Review, Vol. 48, No. 2, 2000, grandparent visitation Law grows up: the trend toward awarding visitation only when the child would otherwise suffer harm.