""Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker, the lawyer has superior opportunity of being a good man. There will still be business enough." -- Abraham Lincoln "The first duty of society is justice." -- Alexander Hamilton

MATTERS OF INTEREST

U.S. Supreme Court

SATTAZAHN v. PENNSYLVANIA, No. 01-7574 (U.S.S.C. January 14, 2003) There was no Double Jeopardy bar to the state of Pennsylvania's seeking the death penalty on re-trial, where a defendant convicted of murder and sentenced to life succeeded in having his conviction set aside on appeal. To read the full text of this opinion, go to: http://laws.lp.findlaw.com/us/000/017574.html

MEYER v. HOLLEY, No. 01-1120 (U.S.S.C. January 22, 2003) The Fair Housing Act, 42 U.S.C. Sections 3604(b), 3605(a), imposes liability without fault upon an employer in accordance with traditional agency principles, i.e., it normally imposes vicarious liability upon a corporation but not upon its officers or owners. To read the full text of this opinion, go to: http://laws.lp.findlaw.com/us/000/011120.html

ELDRED v. ASHCROFT, No. 01-618 (U.S.S.C January 15, 2003) Congress acted within its authority and did not transgress constitutional limitations in enlarging the duration of copyrights under the Copyright Term Extension Act, placing existing and future copyrights in parity. To read the full text of this opinion, go to: http://laws.lp.findlaw.com/us/000/01618.html

U.S. v. BEAN, 2002 WL 31746754 (U.S. 2002) The Court has held that the district courts lack authority to grant relief from firearms disabilities in the absence of an actual denial of an application for relief by the Bureau of Alcohol, Tobacco and Firearms (ATF).

NEW YORK APPELLATE DIVISION Inadvertently Produced Document Protected by Attorney-Client Privilege Attorney-client privilege doesn't require a written request from an attorney to a client to protect a document prepared for litigation, held a New York appeals court. The ruling in New York Times Co. v. Lehrer McGovern Bovis Inc. shields a document inadvertently produced during pretrial discovery and reverses a denial of a defendant's motion for a protective order prohibiting the use of a memo from an employee to its counsel, Jones, Day, Reavis & Pogue. For copy of opinion contact RESEARCH ASSOCIATES: jmf@researchassociates.net

SECOND CIRCUIT Dismissal of charges of deceiving consumers and seeking to hold mickey d's liable for obesity in children. Pelman v. McDonald's Corp. (January 22, 2003) Court found no evidence that McDonald's had concealed information about its products but left open the door to amend the complaint to establish that the dangers alleged were not commonly known. For copy of opinion contact RESEARCH ASSOCIATES: jmf@researchassociates.net http://news.findlaw.com/hdocs/docs/mcdonalds/plmnmcd12203opn.pdf

CURRY v. CITY OF SYRACUSE, No. 01-9211 (2d Cir. January 15, 2003) Genuine issues of material fact exist as to whether a police officer used excessive force in effecting the arrest of plaintiff, and whether he had probable cause to arrest plaintiff for possession of a controlled substance and/or resisting arrest. Officer has not shown entitlement qualified immunity on summary judgment. To read the full text of this opinion, go to: http://laws.lp.findlaw.com/2nd/019211.html

California Supreme Court PEOPLE V. JOHN Z., No. S103427 January 6, 2003 A defendant can be convicted of rape where the victim initially consented but then withdrew her consent during intercourse.

PUBLICATIONS OF INTEREST

Thomas F. Burke, "Lawyers, Lawsuits & Legal Rights: The Battle Over Litigation in American Society," University of California Press, Berkeley, Calif. Has litigation run amok in America? Does it represent the decline of personal responsibility, with rapacious lawyers, individualism and contentiousness triumphing over community and common sense? Has it become a mere "lottery," where lucky souls can win millions by suing big corporations for their accidents, like spilling hot coffee on themselves? While this view is common, it is dead wrong, claims Thomas F. Burke, an assistant professor at Wellesley College.

Sherry Colb, "Does Coercing a Confession Violate the Fifth Amendment Right Against Self-Incrimination? The Supreme Court Considers the Question." Rutgers law professor Sherry Colb considers a tricky case the Supreme Court confronts this Term, Chavez v. Martinez. The case involves the interpretation of the Fifth Amendment's privilege against self-incrimination: Is the Amendment violated as soon as a suspect's confession is coerced, or only when (and if) the confession is later offered at trial against the suspect? http://writ.news.findlaw.com/colb/20030101.html

Ann M. Grefe, "FTC v. Gill: A Step Toward Deterring Illegal Practices of Credit Repair Organizations," Loyola Consumer Law Review, Volume 15, Number 1.

FEDERAL TAX REGULATIONS REGULATIONS ISSUED ON GAIN FROM SALE OR EXCHANGE OF PRINCIPAL RESIDENCE Final Regulations have been issued regarding the exclusion of gains from the sale or exchange of a principal residence. Under IRC § 121, a taxpayer may exclude up to $250,000 ($500,000 for certain joint returns) of gain realized on the sale or exchange of the taxpayer's principal residence if the taxpayer owned and used the property as the taxpayer's principal residence for at least two years during the five-year period ending on the date of the sale or exchange. "Exclusion of Gain From Sale or Exchange of a Principal Residence," T.D. 9030, 2002 WL 31863146, 67 FR 78358-01 (Dec 24, 2002)

BRIEF RELIEF MATTERS

1. Federal diversity jurisdiction and jurisdictional amount aggregation.
2. New York Workers' Compensation procedures.
3. De bene esse depositions - use and rules.
4. Second Circuit memo on 5th amendment, mandamus and prohibition.
5. Complaint on used car Lemon Law sale.
6. Connecticut law on issuance of confession of judgment.
7. New York verified complaint against attorney and purchaser in real estate transaction. Causes of actions available.
8. Provocation as defense in criminal matter.
9. Ohio law as to forum non conveniens.