DECISIONS OF INTEREST

SECOND CIRCUIT In Re: Ostashko, No. 05-6935 (2d Cir. November 06, 2006)
Reversal of bankruptcy court decision, and judgment in favor of defendant wife -- are vacated. The court held: 1) an equitable distribution award is a remedy under New York law, and the enforcement of that remedy is no different than the enforcement of any other judgment; 2) New York adheres to the rule that the priority of judgment creditors is determined on the basis of order in which judgments are docketed or executed; 3) 11 U.S.C. section 544 gives the bankruptcy trustee rights of a hypothetical perfected judgment lien creditor as of the petition date; and 4) while the Decision After Inquest determined the rights to the marital assets between husband and wife, it did not determine the rights to the assets between wife and all other judgment lien creditors. http://caselaw.lp.findlaw.com/data2/circs/2nd/056935p.pdf

NINTH CIRCUIT Am. Civil Liberties Union of Nevada v. City of Las Vegas (10/20/06 - No. 05-15667, 05-15767).
City ordinances prohibiting solicitation and the erection of tables in a five-block tract of downtown Las Vegas unconstitutionally restrict free speech. http://caselaw.lp.findlaw.com/data2/circs/9th/0515667p.pdf

Frunz v. City of Tacoma (11/14/06 - No. 05-35302)
In a 42 U.S.C. section 1983 suit claiming constitutional violations for unlawful entry and search of plaintiff's home and for use of excessive force by an officer, a verdict and awards for plaintiff are affirmed over defendants' frivolous claims that the verdict was not supported by the evidence and that they were, in any event, entitled to qualified immunity. http://caselaw.lp.findlaw.com/data2/circs/9th/0535302p.pdf

NEW JERSEY SUPREME COURT EXPANDS GAY RIGHTS

In a ruling that advanced the cause of same-sex couples and at the same time disappointed many of them, the New Jersey Supreme Court rule they are constitutionally entitled to all rights and benefits heterosexual couples get through civil marriage, except the title "marriage" itself.

For copy of the decision contact RESEARCH BASSOCIATES jmf@researchassociates.net

MATTERS OF INTEREST

TOP 10 REASONS MOTIONS AND BRIEFS REJECTED

The clerk's office of the U.S. Court of Appeals for the Federal Circuit listed the top 10 reasons a federal appellate brief or motion is turned away. One reason is incorrect case caption. Go here for the No. 1 brief gaffe. For copy contact RESEARCH ASSOCIATES jmf@researchassociates.net

NEW LAW IN NEW YORK ALLOWS RESIDENTS TO FREEZE CREDIT FILES

New York joins a growing number of states that allow their residents to voluntarily freeze their credit files - an action that consumer advocates call the strongest way to prevent identity theft because it effectively shuts off new credit to an individual, the New York Times reports.

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

MAKING THE MOST OF APPELLATE ORAL ARGUMENT

An experienced advocate once remarked that there are three versions of every appellate court oral argument: the one the advocate planned to deliver, the one the advocate actually delivered, and the one the advocate wished he had delivered. To save you from falling into that dreaded third category, appellate litigator Howard J. Bashman offers his insights on some key processes and pitfalls.

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

BRIEF RELIEF - MATTERS IN PROGRESS

1. Family Limited Partnerships and their application in Estate Planning.
2. New York Motion to renew, and supporting memo.
3. New York - Statutory interpretation and suppression of evidence. N.Y. Motor Vehicle Law.
4. North Carolina Statute as to salvage vehicle.
5. Florida - issue of spousal torts.
6. Wyoming - Claim of fraudulent transfer of real estate by former wife.