"He is not only dull himself, he is the cause of dullness in others." --- Samuel Johnson

"He had delusions of adequacy." --- Walter Kerr

DECISIONS OF INTEREST

U.S. SUPREME COURT SEC v. EDWARDS, No. 02-1196 (U.S.S.C January 13, 2004) An investment scheme promising a fixed rate of return can be an investment contract" and thus a "security" subject to the federal securities laws. There is no reason to distinguish between promises of fixed returns and promises of variable returns when determining whether a particular scheme is an investment contract. http://laws.lp.findlaw.com/us/000/02-196.html

VERIZON COMMUNICATIONS INC. v. LAW OFFICES OF CURTIS V. TRINKO, LLP, No. 02-682 (U.S.S.C January 13, 2004) A class action alleging breach of an incumbent local exchange carrier's duty, per the Telecommunications Act of 1996, to share its network with competitors does not state a claim under Sherman Act section 2. http://laws.findlaw.com/us/000/02-682.html

ILLINOIS v. LIDSTER, No. 02-1060 (U.S.S.C January 13, 2004) Brief highway checkpoint stops, when appropriately tailored by police seeking information about a crime of considerable public concern that was in all likelihood committed by others, do not violate the Fourth Amendment rights of motorists. http://laws.findlaw.com/us/000/02-1060.html

 NEW YORK COURT OF APPEALS PEOPLE v. TAYLOR, 157 (N.Y. Dec. 23, 2003) Defendant's claim of ineffective assistance of counsel fails, as defense counsel's actions were within the reasonably objective range of performance, and she provided defendant with meaningful representation; representation was not ineffective merely because efforts to discredit prosecution's witness proved futile. http://caselaw.lp.findlaw.com/data/ny/cases/app/157opn03.pdf

PEOPLE v. JOHNSON, 155 (N.Y. Dec.22, 2003) Evidence was insufficient to establish that the alleged inventory search of defendant's vehicle was valid. The officer who found a loaded weapon in defendant's glove box did not fill out a meaningful inventory list; if a departmental policy regarding inventory searches existed, it was not shown to be rationally designed to meet the proper objectives of inventory searches. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ny&vol=155p.pdf

SECOND CIRCUIT STONE v. COURTYARD MGMT. CORP., No. 03-7112 (2d Cir. December 22, 2003) In a personal injury action arising out of an accident involving a hotel's automatic door, summary judgment dismissing the negligence claim against the hotel and door manufacturer defendants is reversed. http://caselaw.lp.findlaw.com/data2/circs/2nd/037112p.pdf

RAILA v. US, No. 03-6057 (2d Cir. January 14, 2004) The postal matter exception to the Federal Tort Claims Act does not bar tort claims resulting from the negligence of a postal employee who places a package where someone might slip on it. It refers only to negligence resulting in loss of, or damage to, the postal material itself. http://caselaw.lp.findlaw.com/data2/circs/2nd/036057p.pdf

THIRD CIRCUIT MICHENS-THOMAS v. VAUGHN In a decision that sharply criticizes state parole officials, the Court of Appeals has ordered the release of a 75-year-old Philadelphia man imprisoned since 1964 after finding the board's explanation for denying parole "leaves us with no doubt of its bad faith." The court found the board had shown a pattern of vindictiveness and retaliation by raising new issues after Louis Mickens-Thomas challenged prior board decisions. For copy of opinion contact RESEARCH ASSOCIATES jmf@researchassociates.net

MATTERS OF INTEREST

JOANNE MARINER, "Battlefield Chicago? In the Jose Padilla case, The U.S. Court of Appeals for the Second Circuit says No" Mariner discusses an extremely important recent ruling in the case of Jose Padilla. Padilla is the American citizen who is accused of being a dirty-bomb co-conspirator; after being arrested in Chicago, he has been held incommunicado for the past eighteen months in a military brig. The Bush Administration has argued that Padilla is an "enemy combatant," but a federal appeals court rejected that contention. http://writ.news.findlaw.com/mariner/20031222.html

SITES OF INTEREST

Web Guide to U.S. Supreme Court Research http://www.ll rx.com/features/supremectwebguidehtm

The Department of Justice published its summary of case law concerning the Freedom of Information Act (FOIA). The quarterly summary covers October through December 2003. http://www.usdoj.gov/oip/foiapost/2004foiapost1.htm     http://snipurl.com/3qj1

 FOIA Facts: What I've Learned About FOIA in 2003

http://www.llrx.com/columns/foia5.htm

BOOK REVIEW

MARK ZAID, "Two Unsolved Murders and a 'Trial Of The Century': A Review of And The Dead Shall Rise, An Account of the Mary Phagan and Leo Frank Murders" Zaid assesses Steve Oney's look at the early 20th Century murders both of Mary Phagan and of the man who was accused of killing her, Leo Frank. Frank -- who may well have been innocent -- was convicted and sentenced to death; his sentence was later commuted to life, but a lynching party subsequently murdered him. http://writ.news.findlaw.com/books/reviews/20040116_zaid.html

BRIEF RELIEF MATTERS

1. Order to Show Cause, Affirmation and revised Third-Party Complaint in contract real estate dispute.
2. Florida Medicaid and exemptions, items used to calculate benefits.
3. Research as to amount of settlements in infant wrongful death action in New York.
4. Research regarding issue of disclosure of confidential investigative report and its use in camera.
5. UCC issues as to express and implied warranties and revocation.
6. N.Y. statute as it applies to appointment of guardian for minor on estate distribution.
7. Penn. no-fault statutes and interpretation.
8. Complaints and interrogatories in overbilling by internet provider.