"Well-timed silence hath more eloquence than speech." Martin Fraquhar Tupper (1810-89).

BRIEF RELIEF MATTERS IN PROGRESS

1. Research regarding liability of physician - employee for breach of contract - Massachusetts.
2. Research regarding liability of hospital for interference with employment contract of physician employee - Massachusetts.
3. Issue of interpretation of contract that contains vague and ambiguous term of duration.
4. New York memo as to failure to notify insurer of possible pending claim.
5. Bankruptcy memo in opposition to Trustee Motion to sell property free and clear of mortgages.
6. Texas issue of attorney client privilege in Federal Court.
7. Liability of corporate officer who signs single document among others in his individual capacity.

MATTERS OF INTEREST

Supreme Court
TRW Inc. v. Andrews, No. 00-1045. The general two-year statutory period within which to enforce any liability created by the Fair Credit Reporting Act commences on the date liability arises, rather than on the date plaintiff discovers the violations of the Act.

United States v. Knights, No. 00-1260. A warrantless search of a probationer conducted pursuant to a condition of probation with reasonable suspicion satisfies the Fourth Amendment.

Bankruptcy
 In re Zarro, No. 94 B 44013 (SMB) (Bankr. S.D.N.Y. May 7, 2001) A postpetition settlement agreement between a Chapter 7 debtor and a creditor, which represented the debtor's promise to pay the creditor's prepetition claim but did not comply with the procedural requirements of section 524 (c) of title 11 of the United States Code.

9th Circuit
Dillingham v. I.N.S., No. 97-71308 (9th Cir. Sept. 14, 2001). Foreign Expungement of Simple Drug Possession Conviction Must Be Recognized. The constitutional rights of an alien subject to removal were violated when the INS refused to recognize a foreign expungement of the alien's simple drug possession offense, where the offense would have qualified for federal first-offender treatment in the United States.

New York Court of Appeals
Bloomfield v. Bloomfield, (11/27/01 - No. 1 No. 140) A prenuptial agreement executed over 30 years ago containing a maintenance waiver by one spouse is not necessarily a waiver of maintenance, but must be reviewed by the trial court to determine if it is unconscionable.

People v. Robinson, People v. Reynolds, People v. Glenn, Motor Vehicle Violation Cause for Criminal Search: "We hold that where a police officer has probable cause to believe that the driver of an automobile has committed a traffic violation, a stop does not violate Article 1, sec. 12 of the New York State Constitution.

Cornered Minds, False Confessions
The New York Times (Dec. 9, 2001) Of all the causes of wrongful conviction, the false confession has to rank among the most astounding. The cornered mind has an enduring presence in the history of miscarriages of justice.

ACLU Appeals Ohio Journal Case
A man imprisoned for writing fantasies in his journal about torturing and molesting children has appealed a judge's ruling that upheld his guilty plea. The case has alarmed First Amendment experts, who believe Dalton is the first person in the United States successfully prosecuted for child pornography that involved writings, not images.

PUBLICATIONS OF INTEREST

John W. Dean: The Rehnquist Choice: The Untold Story of the Nixon Appointment That Redefined the Supreme Court (Free Press 2001).

Phillip Margolin: The Associate: Would you put your life on the line for the firm, the client, neither or both? - legal thriller (Harper Collins 2001).

Chris Sherman and Gary Price: The Invisible Web: Uncovering Information Sources Search Engines Can't See: The paradox of the Web is that while it hosts some of the most useful online data, unless a searcher knows exactly where the desired information resides, the most sophisticated search or meticulously crafted query won't be able to find it. (Cyber Age/ Information Today).

Graham Burnett: A Trial By Jury: A rare account of a jury's inner workings (Knopf 2001).

Andrew Peyton Thomas: Clarence Thomas: A Biography: Refusing to cooperate with his biographer, Clarence Thomas remains an enigma (Encounter Books 2001).

Robert Wiener: Child Deaths: In Some States Wrongdoers Get Off Easy: Child Deaths: In Some States Wrongdoers Get Off Easy - lexisONE (sm). Thousands of children die accidental deaths each year, and where those deaths occur can bear significantly on the outcome of civil actions filed on their behalf. "New York has a woefully inadequate statute regarding wrongful death … [it] does not allow compensation for emotional loss".

Legally Relevant - Sites on the Internet

A Good Lawyer http://www.agoodlawyer.com Virginia Lawyer Stephen Comiskey presents this informative website based on his book on professionalism in the law, A Good Lawyer. This site presents highlights from his book, and rules for lawyers to use in their practice.