Research Associates
	Volume 12, Number 5       Our 23rd Year   May 2004

“Defeat in this world is no disgrace if you fought well and fought for the right thing.”
--- Katherine Anne Porter, American writer (1890-1980)

“Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety.”
--- Benjamin Franklin

DECISIONS OF INTEREST

U.S. SUPREME COURT

US v. GALLETTI, No. 02-1389 (U.S.S.C. March 23, 2004)
The proper tax assessment against a partnership suffices to extend the statute of limitations to collect the tax in a judicial proceeding from the general partners who are liable for the payment of the partnership's debts. http://laws.lp.findlaw.com/us/000/021389.html

U.S. DISTRICT COURT

SOUTHERN DISTRICT

EMPRESA CUBANA DEL TABACO, d.b.a. CUBATABACO, v. CULBRO CORPORATION and GENERAL CIGAR CO., INC., 97 Civ. 8399.
The court ruled that General Cigar Holdings Inc., based in the United States, can no longer sell cigars under the famous Cohiba brand name. The trademark belongs to Cubatabaco, the Cuban government tobacco company that produces the cigar prized by Fidel Castro.

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

NEW YORK COURT OF APPEALS

BROADNAX v. GONZALEZ, 30, 31 (N.Y. April 01, 2004)
Even in the absence of an independent injury, medical malpractice resulting in miscarriage or stillbirth should be construed as a violation of a duty of care to the expectant mother, entitling her to damages for emotional distress. http://caselaw.lp.findlaw.com/data/ny/cases/app/30-31opn04.pdf

THIRD CIRCUIT

FIELDS v. THOMPSON PRINTING CO., INC., No. 02-2763, 02-2764 (3d Cir. March 31, 2004)
Company's former president, fired after sexual harassment allegations were made, is entitled to retirement benefits specified in his employment contract; the express terms state that if he is terminated, benefits will continue. The imposition of personal liability and judgment against defendant-CEO was improper, as there is no evidence that he acted in bad faith. http://caselaw.lp.findlaw.com/data2/circs/3rd/022763p.pdf
 

SEVENTH CIRCUIT

NORTHWESTERN MEMORIAL HOSPITAL v. ASHCROFT (March 26, 2004)
Decision upholding a lower court order quashing the subpoena of redacted medical records of patients who received so-called "partial birth" abortions. http://news.findlaw.com/hdocs/docs/abortion/nwmhash40604opn.pdf
 

MATTERS OF INTEREST

“Lessons from Losing”

The National Law Journal
Losing. It's not a subject lawyers relish talking about. But it's common to hear lawyers say they've learned more from trials they lost than from those they won. It's a lot less common to hear them explain what they learned. What makes their insights particularly valuable is that all have apparently learned their lessons well: They are successful trial lawyers.

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

“Judicial Conference Group Backs Citing of Unpublished Opinions”

Legal Times
Defying hundreds of judges and lawyers, a U.S. Judicial Conference committee has endorsed a proposal that would make it easier for litigants to cite so-called unpublished opinions in federal court. The proposal faces formidable obstacles before becoming binding -- including approval by the full Conference and Supreme Court -- but the action is a key milestone. The lone committee dissenter called unpublished opinions "junk law."

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

U.S. SUPREME COURT

The U.S. Supreme Court decided on just one percent (1 %) of cases filed in its last full term. That's 84 decisions from an astounding 8,394 cases filed.

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

RESOURCES ON THE WEB

The Federal Web Locator
The Center for Information Law and Policy aims to be the one-stop shopping point for federal government information on the web. http://www.infoctr.edu/fwl/

This well organized web-guide attempts to overcome the shortcomings of general web searching by providing a selection of annotated links to the most reliable, substantive sites for U.S. Supreme Court research. http://www.llrx.com/features/supremectwebguide.htm

 Legal Research Guide: Elder Law
AARP Research Center offers research findings and other resources on a variety of topics relating to aging and provides access to research databases. http://www.research.aarp.org

Find information about estate planning, wills, trusts, long-term care, Medicaid, Medicare and other senior law related issues -- for both the consumers and lawyers. http://www.elderlawanswers.com
 

PUBLICATIONS

J. Haakon Knutson, “Credit Scoring in the Insurance Industry: Discrimination or Good Business?” Loyola Consumer Law Review, Volume 15, Number 4, Page 315.

Gerard Britton, “Discount Medical Plans and the Consumer: Health Care in a Regulatory Blindspot,” Loyola Consumer Law Review, Volume 16, Number 2, Page 97.

BRIEF RELIEF MATTERS

1. New York Labor Law § 240 and whether it should be applied by New Jersey court.
2. Lack of personal jurisdiction and vacate a default judgment.
3. Illinois appellate brief on denial of child support modification request.
4. Research regarding federal and California laws and miliary discharge and disability.
5. New York statute of limitations and recovery of real property.
6. Federal Second Circuit motion for summary judgment.
7. Preparation of interrogatories in New York wrongful death matter.