"Quoting one is plagiarism. Quoting many is research." -- Anon. "Good judgment comes from experience, and often experience comes from bad judgment." -- Rita Mae Brown (b. 1944), American writer.

MATTERS OF INTEREST

COURT OF APPEALS MURDZA v. ZIMMERMAN, 2 No. 16 (N.Y. February 18, 2003)
A vehicle lessee effectively rebutted the presumption of consent of the owner in a restrictive provision in an employee manual, so as to make it immune from imposition of owner's liability under Vehicle & Traffic Law section 388(1). Lessors were not immune under the circumstances. http://caselaw.lp.findlaw.com/data/ny/cases/app/16opn03.pdf

TRAN v. NEW ROCHELLE HOSP. MED. CTR., 1 No. 19 (N.Y. February 20, 2003)
CPLR section 3101(i) requires full discovery disclosure to plaintiffs, of surveillance films prepared by a defendant in a personal injury action, with no limitations as to timing. http://caselaw.lp.findlaw.com/data/ny/cases/app/19opn03.pdf

HASSAN v. MONTUORI, 2 No. 15 (N.Y. February 18, 2003)
Even if an employee was a statutory co-owner of a vehicle leased by her employer, and provided to her for business and personal use, she was still free to assert an action for injuries suffered as a passenger in that vehicle under Vehicle & Traffic Law Section 388, against the lessor and her employer. http://caselaw.lp.findlaw.com/data/ny/cases/app/15opn03.pdf

SECOND CIRCUIT COURT OF APPEALS HIGGINS v. METRO-NORTH R.R. CO., No. 01-7704 (2d Cir. January 29, 2003)
A co-worker's alleged conduct, which can be imputed to the employer under respondeat superior, was insufficient for an intentional infliction of emotional distress claim against the employer under the Federal Employers' Liability Act. Negligent supervision claim fails, where the employer was unaware of any particular threat posed by the co-worker. http://laws.lp.findlaw.com/getcase/2nd/case/017704&exact=1

PURDY v. ZELDES, No. 02-7468 (2d Cir. February 06, 2003)
The doctrine of collateral estoppel prevents plaintiff's malpractice suit against his former attorneys where similar issues of ineffective assistance of counsel were already decided by a criminal habeas corpus court. http://laws.findlaw.com/2nd/027468.html

THIRD CIRCUIT COURT OF APPEALS OMNIPOINT COMMUNICATIONS ENTERS., L.P. v. ZONING HEARING BD. OF EASTTOWN TOWNSHIP, No. 02-2194 (3d Cir. February 12, 2003)
The proper test for determining whether a gap exists, in the ability of remote users to access the national telecommunications network under the Telecommunications Act, is to look at all wireless users including plaintiffs. An ordinance, under which a variance application to locate a telecommunications tower was denied, is constitutional. http://caselaw.lp.findlaw.com/data2/circs/3rd/022194p.pdf

DOCUMENTS OF INTEREST

IN RE: SEALED CASE OF THE FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW (February 18, 2003)
Petition for Certiorari to the U.S. Supreme Court and motion to intervene filed by the ACLU, Nat'l Assoc. of Criminal Defense Lawyers, and Arab-American Organizations concerning the legal powers authorized under the Foreign Intelligence Surveillance Act. http://news.findlaw.com/hdocs/docs/fisa/aclufisa21803cpet.pdf

CHARLES ROSENTHAL v. THE HON. TED POE (February 12, 2003)
Majority opinion from the Texas Court Of Criminal Appeals barring the PBS series "Frontline" from videotaping jury deliberations in a death penalty case. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=tx&vol=app/74515a&invol=1

NATIONAL ASSOC. OF POLICE ORGANIZATIONS v. FORD MOTOR CO. (Jan. 29, 2003)
Lawsuit by police organization targeting Ford for injuries suffered by police officers driving the manufacturer's police cruiser vehicles. http://news.findlaw.com/hdocs/docs/ford/napoford12903cmp.pdf

PUBLICATIONS OF INTEREST

WHO'S WATCHING YOU?
In a study released on January 15th, the American Civil Liberties Union (ACLU) blames the unchecked use of technological tracking features for an increase in surveillance by both the government and the private sector. In "Bigger Monster, Weaker Chains: The Growth of an American Surveillance Society," the ACLU reports several trends that are leading to an advanced surveillance society, The ACLU report may be found at http://www.aclu.org/Privacy/Privacylist.cfm?c=39

BARTON ARONSON, "The Brady Bill and Beyond: A Review of a New Book on the Effectiveness of Gun Control"
FindLaw columnist Barton Aronson reviews James Jacobs's new book, Can Gun Control Work? Jacobs asks this provocative question: How can gun control work, given that Americans don't favor giving up guns, and that so far, banning only some guns, and regulating only some gun sales, hasn't worked very well? Jacobs has some suggestions, and so does Aronson. http://writ.news.findlaw.com/books/reviews/20030207_aronson.html

SAM WILLIAMSON, "Why the King of Torts Comes Up Short: A Review of John Grisham's Latest Legal Thriller"
Attorney Sam Williamson was less than thrilled with John Grisham's most recent legal thriller, The King of Torts. Williamson explains why, in his view, the novel's plot is weak, and its over-the-top grudge against plaintiffs' lawyers is plain. http://writ.news.findlaw.com/books/reviews/20030214_williamson.html

BRIEF RELIEF MATTERS
1. Article 78 Proceeding - New York Review of municipal denial of permit.
2. New York - opposition to motion to dismiss complaint for failure to state a cause of action, documentary evidence, sanctions, and dual representation by attorney.
3. Findings of Fact and Conclusions of Law before Administrative Board.
4. Motion to dismiss answer for late filing.
5. New York opposition to motion to dismiss third-party complaint.
6. Memo to support motion to dismiss pursuant to CPLR 3211.
7. Indiana law as to requirements for valid will and probate procedures.
8. Federal Workers' Compensation forms and rules.