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"After some dozen years of experience I must say that as a litigant I should dread a lawsuit beyond almost anything else short of sickness and death." - Judge Learned Hand

"I was never ruined but twice: once when I lost a lawsuit and once when I won one." - Voltaire

Briefs of Supreme Court cases on Indian matters.

Federal criminal research regarding comments by prosecutor disparaging defendant.

Effect of prior conviction in Texas of DWI and enhanced penalty.

Memo on effect of assignments in New York.

Dismissal of pending case by father of infant and right to recommence in Georgia.

Research on federal removal and remand of state court action.

Best evidence rule and handwritten documents - California Evidence Code 1501.

California and Arkansas cases on Statute of Limitations in sexual harassment matter.

Pastoral malpractice.

Research on lead paint poisoning; State and federal issues.

PUBLICATIONS OF INTEREST

Rogers Audrey. Accomplice Liability for Unintentional Crimes: Remaining Within the Constraints of Intent. Loyola of Los Angeles Law Review: April 1998, Vol. 31, No. 3, pgs. 1351-1386.

Visocan, Karen. Recent Changes in Medicare Managed Care: A Step Backwards for Consumers? The Elder Law Journal: 1998, Vol. 6, No. 1, pgs. 31-48.

Ingalls George S., et al. Elder Abuse Originating in the Institutional Setting. North Dakota Law Review: 1998, Vol. 74, No. 2 pgs. 313-340.

Wade, Rebecca E. Perrine. The Face of Social Security in the Twenty-First Century. The Elder Law Journal: 1998, Vol. 6, No. 1, pgs. 115-152.

Nowicki, Philip R., Ph.D. State Lemon Law Coverage Terms: Dissecting the Differences. Loyola Consumer Law Review: 1999, Vol. 11, No. 1, pg. 39.

Vairo, Georgene. Forum Selection: Amount Problems. National Law Journal, March 15, 1999.

Vairo, Georgene. Forum Selection: Aliens in Court. National Law Journal, April 5, 1999.

MATTERS OF INTEREST

New Mexico Supreme Court - Eye test for drunk drivers requires expert testimony. The "horizontal gaze nystagmus" test for drunk drivers is inadmissible unless the state provides expert testimony about it. State v. Torres, No. 1999-NMSC-010, 2/15/99.

Fifth Circuit - A prosecutor’s absolute immunity will not be stripped because of action that was done in error was done maliciously or was in excess of his authority; rather, he will be subject to liability only when he has acted in the clear absence of all jurisdiction. Kerr v. Lyford, 4/14/99.

New York Supreme Court - Plaintiff sought to serve process on the defendant’s parent corporation, after the statute of limitations had expired. The existence of a parent-subsidiary relationship was insufficient to establish a unity of interest between the two corporations. Feszczyszyn v. General Motors Corporation, 669 N.Y.S.2d 1010 (A.D. 4 Dept. 1998).

Texas Supreme Court - A negligent-misrepresentation claim is not the equivalent of a legal malpractice claim. McCamish, Martin, Brown & Loeffler v. F.E. Appling Interests, 4/29/99.

Texas Supreme Court - A person who has been exposed to asbestos but does not have an asbestos-related disease may not recover damages for fear of the possibility of developing such a disease in the future. Temple-Inland Products Corp. v. Carter, 4/29/99.

Fourth Circuit - The Fourth Circuit holds that a school board policy allowing a religious group to distribute bibles in public schools does not violate the Establishment Clause. Peck v. Upshur County Board of Education, 155 F.3d 274 (4th Cir. 1998).

Washington Supreme Court - A physician who misdiagnoses a patient’s condition and is unaware of an appropriate category of treatments, may properly be subject to a negligence action where such misdiagnosis breaches the standard of care. The physician may not, however, be subject to an action based on failure to secure informed consent. Backlund v. University of Washington, No. 66096-4, 4/8/99.

Ninth Circuit - The Ninth Circuit held that Rhoden’s constitutional rights were violated after discovering that jurors witnessed him wearing shackles at his trial. Rhoden v. Rowland, No. 96-56421, 3/25/99.

Massachusetts - A Court may pierce the corporate veil only when there is evidence of a confused intermingling or where on corporation actively participates in the activities of a second corporation. Hiller Cranberry Products, Inc. v. Koplovsky, 165 F.3d 1 (1st Cir. 1999).

Massachusetts - To satisfy a fiduciary’s duty of loyalty, an officer who seeks to pursue a corporate opportunity must first disclose material details of the venture to the corporation. Any impediment to pursuing the opportunity is for the board of directors to decide. The nondisclosure of the opportunity was, in itself, a breach of fiduciary duty. Hanover Insurance Company v. Sutton, 705 N.E.2d 279 (Mass. App. Ct. 1999).

NOTE: We can prepare amortization schedules and RESPA forms.