While your adversary argues for a curative instruction, tell the court "one 'cannot unring a bell;' 'after the thrust of the saber, it is difficult to say forget the wound;' and finally, 'if you throw a skunk into the jury box, you can't instruct the jury not to smell it.'" -- Ex Parte Steven Ray Sparke, 730 So.2d 713, 715-16 (Ala. 1998).

MATTERS OF INTEREST

New York Court of Appeals NEW YORK CITY HEALTH & HOSP. CORP. v. MORGENTHAU, 1 No. 111, (N.Y. October 15, 2002).
Compliance with grand jury subpoenas duces tecum, seeking medical records for the purpose of identifying criminal assailants, would violate the physician-patient privilege where the subpoenas call for a medical determination as to causation of injury. To read the full text of this opinion, go to: http://caselaw.lp.findlaw.com/data/ny/cases/app/111opn02.pdf

SLAYKO V. SECURITY MUTUAL INS. CO., 98 N.Y.2d 289, 746 N.Y.S.2d 444 (July 2, 2002).
Dispute involving an exclusionary provision in a homeowner's insurance policy. "Criminal activity" exclusion bars coverage of shooting injury even if shooter thought gun was not loaded and intended no harm. The insurer prevails. The "criminal activity" clause, providing that the policy doesn't apply to liability "arising directly or indirectly out of instances … of criminal activity by the insured."

2nd Circuit HOTEL EMPLOYEES & REST. EMPLOYEES UNION v. CITY OF NEW YORK DEPT OF PARKS & RECREATION, No. 01-7602 (November 18, 2002).
A city owned plaza was not a traditional public forum, and a performing arts center's policy (and its application to a union's proposed activities) limiting organized public expression is constitutionally permissible as both viewpoint neutral and reasonable. To read the full text of this opinion, go to: http://laws.lp.findlaw.com/2nd/017602.html

BANK BRUSSELS LAMBERT v. FIDDLER GONZALEZ & RODRIGUEZ, No. 01-9026 (September 20, 2002).
An out-of-state law firm that didn't have a New York office but did a lot of marketing there can be sued there.

FEIFER v. PRUDENTIAL INSURANCE CO., No. 99-9451 (October 7, 2002).
An employee can sue an employer for not providing the benefits outlined in a "program summary" booklet distributed before final plan documents were formalized, notwithstanding a disclaimer stating that the summary was for "informational purposes only."

6th Circuit U.S. v. TOWNSEND, No. 00-4608. (September 27, 2002).
Detaining a motorist stopped for speeding for longer than necessary to issue a traffic citation in order that a canine unit could be called violated the Fourth Amendment.

7th Circuit TINDER V. PINKERTON SECURITY, No. 01-3876 (September 17, 2002).
Where an at-will employee continued to work as a security officer after being informed that the company was adopting an arbitration program, this constituted sufficient consideration and she must arbitrate her discrimination claim.

Ohio Court Of Common Pleas Juvenile Division IN RE JULIE ANNE, No. 97-PR-755 (August 27, 2002).
An Ohio trial court has banned a mother and stepfather from smoking in front of her daughter. The eight-year-old girl lived with her mother and stepfather. The court ordered that she not be exposed to second-hand smoke in the home.

PUBLICATIONS OF INTEREST

Peter Brooks, "The Truth About Confessions," The New York Times. Author of Troubling Confessions: Speaking Guilt in Law and Literature.

Benjamin Weiser, "Same Walk, Nicer Shoes," The New York Times, November 26, 2002. Discussion of "perp walks."

Adam Liptak, "Court Rules That Lawyers May Keep Clergy Off Juries," The New York Times, October 13, 2002. A Florida appeals court has ruled that clergy members may be excluded from juries because they tend to be too sympathetic to criminal defendants.

Kathryn E. Masseo, "The Right to Die Versus the Right to Live - Who Decides? The Long and Wandering Road to a Legislative Solution." Albany Law Review, Volume 66, Number 1, 2002. Robert J. Ambrogi, editor, "WEB Watch, Resources For Conveyancers," Law Technology News, November 2002; lawtechnologynews.com

Johnnie Cochran with David Fisher, A Lawyer''s Life. Cochran recalls his career.

Adam Freedman, Dumb Laws for Idiots: A Review of You May Not Tie an Alligator to a Fire Hydrant. Attorney and NY Law Journal columnist offers a humorous review of a humorous collection of "101 Real Dumb Laws." Freedman notes that some of the the laws aren't so dumb, and some of the characterizations of the laws aren't so real - for example, there isn't actually any law against tying an alligator to a fire hydrant, it turns out.

Gerald Russello, The Underappreciated Grover Cleveland: A New Biography Demonstrates Why He's More than a Footnote to History. Attorney G.J. Russello assesses a recent Cleveland biography by Henry Graff that illustrates why Cleveland's Presidential years were actually among the most interesting in American history. http://writ.news.findlaw.com/books/reviews/20021101_russello.html

BRIEF RELIEF MATTERS

1. Estate challenge to probate of will.
2. N.Y. memo in opposition to motion for dismissal of third-party complaint.
3. N.Y. - inverse condemnation issue.
4. N.Y. appropriateness of subpoena to an attorney to testify as to possible fraudulent affidavit.
5. Research of 26 USC 6041 and 26 CFR 1.6041.1.
6. Real estate RESPA and closing documents.
7. Research on issue of Younger abstention by Federal Court in criminal matter.
8. Used car lemon law complaint.
9. Trial memo in breach of contract for independent contractor/employee and restrictive covenant.