"Read every day something no one else is reading. Think every day something no one else is thinking. Do every day something no one else would be silly enough to do. It is bad for the mind to continually be part of unanimity." Christopher Morley

MATTERS OF INTEREST

Supreme Court Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, No. 00-1089. An assembly line worker suffering from carpal tunnel syndrome isn't substantially limited in the major life activity of performing manual tasks.

Great-West Life & Annuity Ins. Co. v. Knudson, No. 99-1786. Full Text: http://laws.findlaw.com/us/000/99-1786.html A health plan can't sue under ERISA to enforce its right to be reimbursed out of an employee's tort recovery.

Kelly v. South Carolina, No. 00-9280. Full text: http://laws.findlaw.com/us/000/00-9280.html Due process entitles defendant to inform jury of life without parole option.

United States v. Arvizu, No. 00-1519. http://supct.law.cornell.edu/supct/html/00-1519.ZS.html The Fourth Amendment is satisfied if the officer's action is supported by reasonable suspicion to believe that criminal activity "may be afoot."

Kansas v. Crane, No. 00-957. Full text: http://laws.findlaw.com/us/000/00-957.html United States Constitution does not require a finding that a dangerous sexual offender exhibits total or complete lack of control to justify a civil commitment under the Kansas Sexually Violent Predator Act. However, it does require the state to demonstrate some lack of control on the defendant's part.

7th Circuit Davis Boyd v. Wexler, No. 00 C 2555 (Decided December 28, 2001). Collection lawyer may be liable under Fair Debt Act. Whether a collections lawyer spent sufficient time reviewing a letter before sending it to a debtor is an issue that cannot be resolved on summary judgment.

9th Circuit Allen v. Allen, No. 00-35528 (1/11/02). Marital dissolution proceedings relating to spousal support are not subject to the automatic stay provisions of 11 USC 362(b)(2)(A)(ii) http://caselaw.lp.findlaw.com/data2/circs/9th/0035528p.pdf New York Gentner v. Gentner, 87977. and Omahen v. Omahen, 88607 (Appellate Division, 3rd Department) New York Court reviews what is "cruel & inhuman" in divorce cases.

Lightman v. Flaum, 2 No. 144 (N.Y. November 27, 2001) CPLR 4505 does not impose a fiduciary duty upon members of the clergy and does not subject them to civil liability for disclosing confidential communication between a congregant and a cleric.

Bloomfield v. Bloomfield, 1 No. 140 (N.Y. November 27, 2001) A prenuptial agreement executed over 30 years ago containing a maintenance waiver by one spouse is not necessarily a waver of maintenance, but must be reviewed by the trial court to determine if it is unconscionable. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ny&vol=I01&invol=0133

PUBLICATIONS OF INTEREST

Robert Alan Goldberg, Enemies Within: The Culture of Conspiracy in Modern America, Yale University Press 2001 Goldberg examines a number of different strains of conspiracy thinking in American society after World War II.

"What You Should Know About Direct-To-Consumer Advertising of Prescription Drugs," Defense Counsel Journal, Vol. 68, No. 1, January 2001.

"Tortious Liability for Spoliation of Evidence," American Journal of Trial Advocacy, Vol. 24, No. 2, Fall 2000.

"A Search for the Truth or a Game of Strategy: The Circuit Split Over the Prosecution's Obligation to Disclose Inadmissible Exculpatory Information to the Accused," Syracuse Law Review, Vol. 51, No. 1, 2001.

"Racial Profiling in Places of Public Accommodation: Theories of Recovery and Relief," Brandeis Law Journal, Vol. 39, No. 1, Fall issue 2000-2001.

Artist Uses Legal Stint for Inspiration. Miami Daily Business Review, November 30, 2001. New Orleans artist-illustrator Alan Gerson's work of watercolor illustrations satirizing lawyers, judges, jurors and the overall legal experience was recently published in a book, "Habeas Circus" (NewSouth Books).

Legally Relevant - Sites on the Internet

Free Legal Forms: www.goodmanlaw.com/forms.htm American Legal Ethics Library: www.law.cornell.edu/ethics

BRIEF RELIEF MATTERS IN PROGRESS

1. Research regarding duty of care of professional engineer/manufacturer in product liability matter-nationwide search.

2. Jury charges in pedestrian walkway accident.

3. Research as to N.C. malpractice against attorney for failure to depose expert witness.

4. Review of Georgia Foreclosure Law and constitutionality.

5. Opposition to Summary Judgment.

6. Federal Court Complaint for Breach of Contract.