"The poorest man may, in his cottage, bid defiance to all the forces of the Crown. It may be frail; its room may shake; the wind may blow through it; the storm may center; the rain may enter but the King of England may not enter." --- William Pitt, 1763

MATTERS OF INTEREST

U.S. SUPREME COURT YARBOROUGH v. GENTRY, No. 02-1587 (U.S.S.C. October 20, 2003) Trial counsel's closing argument did not deprive petitioner of his right to effective assistance of counsel, as the strategic summation made several key points in spite of confessing some of petitioner's shortcomings. http://laws.lp.findlaw.com/us/000/021597.html

FIRST CIRCUIT U.S. v. Hussein Court upheld a Somali's man conviction for receiving a FedEx package full of khat. The court found that though Maine resident did not know that the package included a controlled substance, he was generally aware that it acted as a stimulant. For copy of opinion contact RESEARCH ASSOCIATES jmf@researchassociates.net

SECOND CIRCUIT US v. LUCIEN, No. 02-1228, 02-1266, 02-1395 (2d Cir. October 14, 2003) Conviction of health care fraud, 18 U.S.C. section 1347, is affirmed where the court applied the federal health care fraud statute to defendants' participation as passengers in staged automobile accidents, designed to profit from New York's no-fault automobile insurance regime. http://caselaw.lp.findlaw.com/data2/circs/2nd/021228p.pdf

DORAL PRODUCE CORP. v. PAUL STEINBERG ASSOC., INC., No. 02-9264 (2d Cir. 10/15/03) Contempt against an attorney for violating an order, by asking a question the court deemed prohibited by its earlier rulings, is reversed where the order was insufficiently clear to give clear warning that the conduct was prohibited and where the lawyer was not offered notice or a meaningful opportunity to be heard. http://caselaw.lp.findlaw.com/data2/circs/2nd/029264p.pdf

3RD CIRCUIT IN RE CENDENT CORPORATION Lawyers in high-stakes litigation have long relied on trial consultants, secure in the generally held belief that their discussions over strategies and files would not have to be shared with adversaries. Their faith has now been vindicated by the Court of Appeals, which held that a trial consultant's work product is protected by attorney work-product privilege. For copy of opinion contact RESEARCH ASSOCIATES jmf@researchassociates.net

9TH CIRCUIT The Court ruled that cable companies are required to open their networks to competitors' high-speed Internet service providers. The ruling bars the FCC from following through with plans to allow cable companies to exclude rivals from selling competing brands of Internet service over their lines. http://www.ca9.uscourts.gov/ca9/newopinions.nsf/58AF00C2122345DD88256DB7005BFAA3/$file/0270518.pdf?openelement

NEW YORK COURT OF APPEALS STREIGEL v. HILLCREST HEIGHTS DEV. CORP., 4 No. 104 (N.Y. October 22, 2003) Labor Law § 240(1) applied to plaintiff's case, where plaintiff was subject to an elevation-related risk while working on a roof, he was not provided with any safety devices, and the failure to provide any safety devices was a proximate cause of plaintiff's injuries. http://caselaw.findlaw.com/data/ny/cases/app/104opn03.pdf

NEW YORK APPELLATE DIVISION SECOND DEPARTMENT RUFFING V. UNION CARBIDE A woman born with birth defects can sue IBM and chemical manufacturers for fraud even though she was not born when the semiconductor manufacturer allegedly lied to her mother about workplace safety. The plaintiff and her mother are among more than 200 plaintiffs across the country who have sued IBM over workplace safety. For copy of opinion contact RESEARCH ASSOCIATES jmf@researchassociates.net

The Legal Intelligencer A group of University of Pennsylvania Law School professors and students filed suit claiming the Defense Department threatened to cut off federal funding to the university if the law school did not begin treating military recruiters the same as other employers. The suit says the military's insistence on strict enforcement of the Solomon Amendment has forced the law school to abandon its non-discrimination policy toward gays and lesbians. http://www.law.com/jsp/article.jsp?id=1063212128912

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

DOCUMENTS OF INTEREST

DEPT. OF JUSTICE DEPARTMENT POLICY CONCERNING CHARGING CRIMINAL OFFENSES, DISPOSITION OF CHARGES AND SENTENCING (Sept. 22, 2003) U.S. Attorney General John Ashcroft's memo to U.S. attorneys advising them to pursue the "most serious, readily provable offense in all federal prosecutions," and avoid plea bargains except in limited circumstances. http://news.findlaw.com/hdocs/docs/doj/ashcroft92203chrgmem.pdf

BOOK REVIEW

ADAM FREEDMAN, "Prosecute or Perish: Former Prosecutor Alafair Burke's Impressively Realistic Legal Thriller" Freedman assesses a novel by former prosecutor and now-law professor Burke, "Judgment Calls" and explains why the novel offers a more realistic portrait of prosecutors' lives than many others do. http://writ.news.findlaw.com/books/reviews/20031017_freedman.html

BRIEF RELIEF MATTERS

1. Opposition to New York motion for summary judgment.
2. Preparation of discovery requests for New York matter.
3. Preparation of Article 78 petition and notice for denial of pistol permit in New York.
4. Obtaining copies of appropriate statutes and information regarding probate fees of fiduciary in Maine.
5. Research on application of proposed local ordinance as to limitation on boating activities.
6. Research on issue of piercing corporate veil and thin capitalization.
7. Research on bank "blackballing" a title insurance company for title work on mortgage loans.