Volume 6, Number 11       Our 17th Year    November, 1998

U.S. Supreme Court - Whether Cincinnati’s charter amendment was rationally related to city’s valid interest in conserving public costs that accrued from investigating and adjudicating sexual orientation discrimination complaints. Cincinnati Charter removed gays, lesbians, and bisexuals from the protection of the city’s antidiscrimination ordinances. Supreme Court does not normally make an independent examination of state law questions that have been resolved by a court of appeals. Equality Foundation of Greater Cincinnati, Inc. v. City of Cincinnati, No. 97-1795, cert. denied, 128 F.3d 289 (6th Cir. 1997).

U.S. Supreme Court - The Supreme Court rejected Monday a free-speech challenge by anti-abortion protesters over restrictions on picketing outside the home of a New Jersey doctor who performs abortions. The high court’s action marked the third time since 1994 that the justices have refused to hear arguments on the merits of the dispute and to issue a ruling. Murray won a court order that kept the demonstrators 100 feet from his property line. 10/20/98 Infobeat.

Oregon Supreme Court - The act of threatening required by statute can be explicit or implicit. If the context in which the robbery demands are made could support a reasonable inference that the person implicitly threatened the immediate use of physical force, there is sufficient evidence to submit the count to the jury. State v. Hall, (SC S44712).

Oregon Supreme Court - Oregon Residential Landlord and Tenant Act (RLTA) does not require a tenant to prove that a landlord had either actual or constructive knowledge of an uninhabitable condition to prevail on a statutory claim for damages. Davis v. Campbell, (SC S43896).

Washington Supreme Court - A defendant’s possession of marijuana in two places constitutes one criminal act; two convictions, therefore, violate Washington’s Double Jeopardy Clause. State v. Adel, No. 65565-1 (10/15/98).

5th U.S. Circuit Court of Appeals - Under F.R.Crim.P. 11, court must address a defendant in open court and determine that the defendant understands the nature of the charge to which the plea is offered; the admission must come from the defendant in order to insure proper understanding of the charge under Rule 11. United States v. Suarez.

Liability insurer’s failure to advise insured of plaintiff’s settlement offer may be considered by jury in bad faith suit. The insurer’s conduct is relevant to its good faith when it has had the opportunity to settle a claim within the policy’s coverage and has failed to, exposing its insured to a judgment in excess of coverage. Smith v. General Acc. Ins. Co., 91 N.Y.2d 648, 674 N.Y.S.2d 267 (June 11, 1998).

Statute immunizing landowner from liability to recreational users doesn’t apply to supervised park. Section 9-1036 of the General Obligations Law states that if it was part of a regularly designated and supervised municipal park, the statute wouldn’t apply and the municipality would face liability if negligence were found. The Court of Appeals pointing to a resolution by the town board declaring the land a town park, the Court holds the hill, on which sledding was specifically invited, to be a part of it. Sena v. Town of Greenfield, 91 N.Y.2d 611, 673 N.Y.S.2d 984 (June 9, 1998).

Statute of Limitations - Medical Malpractice - Psychologist - Malpractice claim against the defendant-psychologist was commenced more than two-and-half-years but less than three years after the last date of treatment. The New York Court of Appeals determined that the plaintiff’s claim was timely since the defendant’s professional services rendered were not medical in nature. Thus, the CPLR 214(6), three-year period for malpractice governed the action and not the CPLR 214-a, 30-month period. Karasek v. LaJoie, N.Y.S.2d 7/7/98.

Forum Selection - Case Removal - Recent lower court case developments concerning removal jurisdiction and practice. Georgine M. Vairo, NLJ 11/9/98.

Rulings on sexual harassment citing Ellerth and Faragher. NLJ 10/26/98.

Brief Relief

Minnesota rule as to Statute of Limitations and parental and charitable immunity.

California effect of rent control law.

New York employment agency contract and modification as to liability.

New York Order to Show Cause and Certified Complaint to enforce specific performance of real estate contract.

Effect of California rule as to production of tax returns in support matter.

Effect of prepayment penalty in commercial mortgages - nationwide research.

Opposition to Summary Judgment - Florida.

Federal removal procedure and application to reward.

Jolly-Ryan, Jennifer. Chipping Away at Discrimination at the Country Club. Pepperdine Law Review: 1997, Vol. 25, No. 2, pgs. 495-530.

Schorgi, Staci O. Sacrificing the Fourth Amendment in the Name of Drugs: State v. Damask. UMKC Law Review: Spring 1998, Vol. 66, No. 3, pgs. 707-734.

Weinstein, Lawrence I. Revisiting the Inevitability Doctrine: When Can a Former Employee Be Prohibited from Working for a Competitor? American Journal of Trial Advocacy: Fall 1997, Vol. 21, No. 2, pgs. 211-228.

Perritt, Henry H. How to Practice Law With Computers. Practicing Law Institute, 1998.

Hall, Christina Tavella. Sex Online: Is This Adultery? Hastings Communications and Entertainment Law Journal: Fall 1997, Vol. 20, No. 1, pgs. 201-222.