Volume 15, Number 3-4 Our 26th Year March-April 2007
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Volume 15, Number 3-4 Our 26th Year March-April 2007 |
DECISIONS OF INTEREST
SUPREME COURT
Marrama v. Citizens Bank of Massachusetts, No. 05-996 (U.S.S.C. February
21, 2007)
In a bankruptcy case involving the issue of whether a debtor in a Chapter 7
proceeding, despite bad faith conduct, has an absolute right to convert under
section 706(a) of the Bankruptcy Code, the Court rules that the courts in this
case correctly held that the debtor forfeited his right to proceed under Chapter
13. The Court does not indicate with precision what conduct qualifies as "bad
faith" sufficient to permit a bankruptcy judge to dismiss a Chapter 13 case or
to deny conversion from Chapter 7, except to indicate the debtor's conduct must
be atypical.
http://laws.lp.findlaw.com/us/000/05996.html
http://supreme.lp.findlaw.com/supreme_court/docket/2006/november/05-996-marrama-v-citizens-bank.html
Wallace v. Kato, No. 05-1240 (U.S.S.C. February 21, 2007)
The statute of limitations for a 42 U.S.C. section 1983 claim seeking damages
for a false arrest in violation of the Fourth Amendment, where the arrest is
followed by criminal proceedings, begins to run at the time the claimant becomes
detained pursuant to legal process.
http://laws.lp.findlaw.com/us/000/051240.html
Philip Morris USA v. Williams, No. 05-1256 (U.S.S.C. February 20, 2007)
A punitive damages award, based in part on a jury's desire to punish a
defendant for harming nonparties, amounts to a taking of property from the
defendant without due process. A judgment rejecting a tobacco company's
challenges to a punitive damages award against it in a negligence and deceit
case is vacated where the Oregon Supreme Court applied the wrong constitutional
standard when considering the tobacco company's appeal.
http://laws.lp.findlaw.com/us/000/051256.html
SECOND CIRCUIT
Tomassi v. Insignia Fin. Group, Inc., No. 05-6219 (2d Cir. February 16,
2007)
In case involving age-discrimination claims, summary judgment for defendants is
vacated, as plaintiff's supervisor's age-related remarks in the context of all
the evidence were legally sufficient to sustain a reasonable inference that the
supervisor was motivated by age discrimination in terminating plaintiff.
http://caselaw.lp.findlaw.com/data2/circs/2nd/056219p.pdf
THIRD CIRCUIT
Watson v. Abington Township (02/16/07 - No. 05-4133)
In a 42 U.S.C. section 1983 case brought against a township, its police
department, and police officers and chief involving police's harassment of a
business, dismissal of plaintiffs' claims is vacated in part as to dismissal of
their Fourth Amendment claim where the searches at issue were not in accordance
with the applicable regulatory scheme, and the district court erred in finding
that the closely regulated industry exception to the warrant requirement applied
based on the record before it.
http://caselaw.lp.findlaw.com/data2/circs/3rd/054133p.pdf
SEVENTH CIRCUIT
IL One News, Inc. v. City of Marshall (02/13/07 - No. 06-1828)
In a suit under 42 U.S.C. section 1983 alleging violation of the First
Amendment, judgment against plaintiff, an adult book store owner, is affirmed
where a small town's zoning law provided plaintiff with an adequate alternative
to its current location, and the law was not unconstitutionally vague.
http://caselaw.lp.findlaw.com/data2/circs/7th/061828p.pdf
NEW YORK COURT OF APPEALS
Bradley v. Earl B. Feiden, Inc., No. 3 (N.Y. February 20, 2007)
In case involving a fire that broke out in plaintiff's kitchen that originated
with plaintiff's new refrigerator, jury verdict for plaintiff on breach of
warranty, which was reversed by the Appellate Division, is reinstated as
sufficient evidence exists to support the verdict for plaintiff on breach of
warranty claim against manufacturer and retailer of refrigerator, despite jury
also finding for the manufacturer on a related products liability claim. The
supplier of the bracket control assembly component of the refrigerator is
contractually required to indemnify the manufacturer and retailer.
http://caselaw.lp.findlaw.com/data/ny/cases/app/3opn07.pdf
MATTERS OF INTEREST
CONSENT SEARCHES AND THE FOURTH AMENDMENT: WHAT'S WRONG WITH "APPARENT" CONSENT?
Colb discusses in depth the Fourth Amendment doctrine that a law-enforcement search is constitutionaly valid if it is based on consent. Two key questions within the doctrine are who can validly consent to a given search, and how far that consent can extend. For example, a wife consented to a search of her husband's computer, including his password-protected files. Though the court later found that she lacked authority to consent to this particular search, it also held that the search remained valid -- and the evidence from the password-protected files could be used -- because she had appeared to the law-enforcement searchers to have the necessary authority.
http://writ.lp.findlaw.com/colb/20070124.html
HIDDEN MEDICAID LIEN
Jay J. Sangerman, analyzes a recent U.S. Supreme Court decision which held that Medicaid's lien for recovery against a personal injury/medical malpractice settlement and award is limited to that amount (or percentage) of the award allocated to compensate the plaintiff for past medical expenses.
For copy of article contact RESEARCH ASSOCIATES
BRIEF RELIEF – MATTERS
IN PROGRESS
1. Securities law as to gift of unregistered stock from non-public
corporation
2. Opposition to motion to suppress evidence in dwi matter
3. Draft of complaint as to appointment of administrator of estate
4. New York swimming pool accident-general research
5. Illinois landlord and tenant issue as to invitee
6. N.Y. requirements for contractor’s lien against municipality