Research Associates
	Volume 13, Number 7       Our 24th Year   July 2005

“Liberty finds no refuge in a jurisprudence of doubt.”
--- Justice Anthony M. Kennedy

“Persons in every generation can invoke its principles in their own search for greater freedom.”
--- Justice Anthony M. Kennedy

“At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.”
--- Justice Anthony M. Kennedy

DECISIONS OF INTEREST

SUPREME COURT

Deck v. Missouri, No. 04-5293 (U.S.S.C. May 23, 2005)
The Constitution forbids the use of visible shackles during a capital trial's penalty phase, as it does during the guilt phase, unless that use is "justified by an essential state interest" specific to the defendant on trial. http://laws.findlaw.com/us/000/04-5293.html

Spector v. Norwegian Cruise Line, No. 03-1388 (U.S.S.C. June 06, 2005)
Title III of the Americans with Disabilities Act of 1990 is applicable to foreign-flag cruise ships in United States waters except where the statute regulates a vessel's internal affairs. http://laws.findlaw.com/us/000/03-1388.html
 

Gonzales v. Raich, No. 03-1454 (U.S.S.C. June 06, 2005)
Congress's Commerce Clause authority includes the power to prohibit the local cultivation and use of marijuana in compliance with California Law. http://laws.findlaw.com/us/000/03-1454.html
 

Rompilla v. Beard, No. 04-5462 (U.S.S.C. June 20, 2005)
Even when a capital defendant and his family members have suggested that no mitigating evidence is available, his lawyer is bound to make reasonable efforts to obtain and review material that counsel knows the prosecution will probably rely on as evidence of aggravation at the trial's sentencing phase. http://laws.findlaw.com/us/000/04-5462.html

THIRD CIRCUIT

Tran v. Metro. Life Ins. Co., No. 04-2539 (3d Cir. May 25, 2005)
In a suit alleging misrepresentation of an insurance policy, the district court erred when it determined that plaintiff could not challenge the unambiguous provisions of a policy which he made no attempt to read or have read to him. http://caselaw.lp.findlaw.com/data2/circs/3rd/042539p.pdf
 

U.S. DISTRICT OF COLUMBIA

CIRCUIT COURT OF APPEALS

US v. Hutchinson (05/31/05 - No. 03-3147)
Retention of defendant's identification for five minutes, to verify it through a computerized records check, did not violate his rights under the Fourth Amendment. http://caselaw.lp.findlaw.com/data2/circs/dc/033147a.pdf

NEW YORK COURT OF APPEALS

Courtroom T.V. Network v. State of New York, 88 (N.Y. June 16, 2005)
Civil Rights Law section 52, which bans audio-visual coverage of most courtroom proceedings, does not violate the United States or the New York State Constitutions. http://caselaw.lp.findlaw.com/data/ny/cases/app/88opn05.pdf
 

BRIEF RELIEF MATTERS

1. New York – motion to permit the filing of amended third-party complaint.
2. Research regarding liability of owner of motor vehicle in New York.
3. Research regarding issue of cancellation of contract contingent on mortgage contract in New York.
4. Research as to application of New York statute of limitations in New Jersey where the court has determined that the NY Labor Law § 240 applies.
5. Research regarding issue of current jurisdiction under New York Constitution between family court and town court on issue of domestic violence.
6. Research regarding lease provision as to increase of rent on exercise of option at “prevailing market rate.”
7. Preparation of slip-and-fall complaint involving multi-state corporate hotel owner.

MATTERS OF INTEREST

Study: Lawsuits not to blame for doctors' rising premiums

A new study by Dartmouth College researchers says that increases in doctors' insurance premiums are the result, not of medical malpractice lawsuits but, of insurers' poor investments.

For copy of report contact RESEARCH ASSOCIATES jmf@researchassociates.net

Colb, Sherry F, “When You Refuse to Consent to a Police Search, Can Your Spouse Override That Refusal?”
A case addresses the following fact scenario: Two spouses share a house. One refuses a request from police to search the house. But the police return later, and the other spouse consents to a search. Under the Fourth Amendment, is the search constitutional -- or illegal? Colb argues that the Court should deem the search illegal, but explains why precedent indicates the Court may hold to the contrary. http://writ.news.findlaw.com/colb/20050518.html
 

FACTA Disposal Rule in Effect as of June 1, 2005
A new federal rule will require businesses and individuals to take appropriate measures to dispose of sensitive information derived from consumer reports. Any business or individual who uses a consumer report for a business purpose is subject to the requirements of the Disposal Rule, a part of the Fair and Accurate Credit Transactions Act of 2003 (FACTA), which calls for the proper disposal of information in consumer reports and records to protect against “unauthorized access to or use of the information." http://www.ftc.gov/opa/2005/06/disposal.htm

Also see, “Disposal of Consumer Report Information and Records,” FTC Final Rule, 24 November 2004

http://www.ftc.gov/os/2004/11/041118disposalfrn.pdf

Bad Check Laws

You can now see the civil and criminal penalties by state for NSF checks at the Bad Check Laws page of the National Credit Systems site. http://www.nationalcredit.com/badcheck.html