Research Associates
	Volume 13, Number 3       Our 24th Year   March 2005

“After twenty-five years' observation, I can give it as the condensed history of most, if not all, good lawyers, that they lived well and died poor. --- Daniel Webster

“When dictators and tyrants seek to destroy the freedoms of men, their first target is the legal profession and through it the rule of law.” --- Leon Jaworski

“Do as adversaries do in law, strive mightily, but eat and drink as friends.” --- William Shakespeare

“It is the trade of lawyers to question everything, yield nothing, and talk by the hour.”
--- Thomas Jefferson

DECISIONS OF INTEREST

SECOND CIRCUIT

PELMAN v. MCDONALD'S CORP., No. 03-9010 (2d Cir. January 25, 2005)
Plaintiff's claim, alleging that defendant-fast food restaurant created the false impression that its food products were nutritionally beneficial, was incorrectly dismissed by the district court under New York General Business Law section 349. http://caselaw.lp.findlaw.com/data2/circs/2nd/039010p.pdf

DAWSON v. BUMBLE & BUMBLE, No. 03-7180 (2d Cir. February 17, 2005)
In an employment discrimination case, summary judgment against plaintiff's Title VII claim, based on a gender stereotyping theory, is affirmed where plaintiff's failure to conform her appearance to feminine stereotypes did not result in her suffering any adverse employment action. http://caselaw.lp.findlaw.com/data2/circs/2nd/037180p.pdf

THIRD CIRCUIT

PIPER v. PORTNOFF LAW ASSOC. LTD., No. 03-4399 (3d Cir. January 31, 2005)
Delinquent water and sewer bills qualify as debt under the Fair Debt Collections Practices Act (FDCPA), and, consequently, defendant's attempts to collect those debts are governed by the requirements of the FDCPA. http://caselaw.lp.findlaw.com/data2/circs/3rd/034399p.pdf

SEVENTH CIRCUIT

GREENAWALT v. INDIANA DEP'T OF CORR. (02/14/05 - No. 04-1997)
Requiring an employee to submit to a psychological examination does not constitute an unreasonable search in violation of the Fourth Amendment. http://caselaw.lp.findlaw.com/data2/circs/7th/041997p.pdf

TENTH CIRCUIT

BACA v. SKLAR (02/17/05 – No. 04-2010)
Summary judgment against plaintiff’s First Amendment retaliation claim is reversed where his accusations of illegal financial dealings on the part of his public employer constitute protected speech, and an issue of fact exists as to whether defendant-employer retaliated because of these statements. http://laws.lp.findlaw.com/10th/042010.html

DISTRICT OF COLUMBIA CIRCUIT

IN RE: GRAND JURY SUBPOENA (02/15/05 – No. 04-3138, 04-3139, 04-3140)
Neither the First Amendment, nor the federal common law, provides protection for journalists’ confidential sources in the context of a grand jury investigation. http://caselaw.lp.findlaw.com/data2/circs/dc/043138a.pdf

NEW YORK COURT OF APPEALS

CROWNE COMMUNICATION v. NY DEPT. OF TRANSP., 7 (N.Y. February 10, 2005)
Commercial telecommunications providers who install private antennae on state-owned telecommunications towers are exempt from local zoning regulation. http://caselaw.lp.findlaw.com/data/ny/cases/app/7opn05.pdf

NEW YORK SUPREME COURT

New York Judge Mandates Same-Sex Marriage Comparing it to anti-miscegenation laws, a Manhattan judge has declared New York's Domestic Relations Law unconstitutional and enjoined the city clerk from denying same-sex marriage licenses. Judge ruled that the statute violates the Due Process and Equal Protection clauses of the state Constitution. The decision could put New York on the same path as Massachusetts, whose highest court found its state law unconstitutional.

For a copy of the opinion, contact Research Associates jmf@researchassociates.net

BOOK REVIEW

If you draft legal documents for a living, don’t miss A Manual of Style for Contract Drafting by Kenneth Adams. American Bar Association Section of Business Law (Chicago, 2004) 256 pages, 6 x 9 paperback $44.95

Efficient, effective, and consistent contract drafting is a sign of quality lawyering. Most observers agree that our methods and our results leave a lot to be desired.

Drafting is not well taught in most law schools, and is rarely the subject of disciplined attention in law offices.

MATTERS OF INTEREST

Elefant explores the legal (and sometimes, financial) consequences of the common mistakes lawyers make. The types of mistakes include typographical errors, stubborn pursuit of an erroneous position, billing errors, not paying attention to administrative details, and the more serious errors that result in malpractice lawsuits. http://www.law.com/jsp/article.jsp?id=1107550994257

New Junk Fax Rules

Written for lawyers, this article outlines the history of junk fax law in the United States. It also covers proposed legislation--The Junk Fax Prevention Act of 2004, to which "there does not appear to be any open opposition in Congress." It focuses on the issue of established business relationships and cautions that "[b]usinesses should be prepared to comply with the FCC's new fax rules effective January 1, 2005." http://practice.findlaw.com/tooltalk-1104.html

RELATED, Unwanted Faxes: What You Can Do
FCC Consumer Facts, revised 8 April 2004
http://www.fcc.gov/cgb/consumerfacts/unwantedfaxes.html
http://snipurl.com/ad0k

BRIEF RELIEF MATTERS

1. QADRO motion and order.
2. Memo on search of passenger’s purse when passenger exits vehicle.
3. Florida – visitation issues and credit for support payments when child with supporting parent.
4. Bankruptcy and venue issue.
5. Negligence of day care facility as to restraint of a child.
6. Draft of partnership agreement.