"Is it any wonder that in legal thrillers in which lawyers are protagonists, they are often presented as solo practitioners, misfits, loners and drunks, people in desperate need of a redemptive second chance? That’s when lawyers’ lives make for interesting fiction, when they are as emotionally open, vulnerable and disordered as the clients they serve." - Thane Rosenbaum: The Writer’s Story, and the Lawyers, NYT

Matters in Progress

U.S. Supreme Court - Obtaining Brief and other pleadings.

Memo on ineffective assistance of counsel.

Cases on Florida issue of infant responsibility for comparative negligence and use of trampoline.

Applicability of Federal Speedy Trial law on state case after dismissal of federal case and double jeopardy.

Preparation of interrogatories in Complex Product Liability matter.

Memo in Federal Court on ERISA application to group health insurance matter.

Issue of Rule 11 sanctions.

Memo as to officers liability in non-profit church organization.

Survey of DWI statues and penalties.

PUBLICATIONS OF INTEREST

"Occupant Restraint Litigation - Seat Belts and Air Bags," Trial Lawyers Quarterly, Vol. 29, No. 4 and Vol. 30, No. 1, 1999-2000.

"International Estate Planning 101: A Basic Guild to Estate Planning for Non-Citizen Clients," Akron Tax Journal, Vol. 15, 2000.

"Grandparents Visitation Law Grows Up: The Trend Toward Awarding Visitation Only When the Child Would Otherwise Suffer Harm," Drake Law Review, Vol. 48, No. 2, 2000.

"Homeowners Insurance: A Way to Pay for Children’s International - and Often Violent - Acts?" Indiana Law Review, Vol. 33, No. 2, 2000.

"Cart 54, Where Are You? The Liability of Golf Course Operations for Golf Cart Injuries," Defense Law Journal, Vol. 49, No. 1, Spring 2000.

Small, Jane A. "Who Are the People in Your Neighborhood? Due Process, Public Protection, and Sex Offender Notification Laws." New York Univ. Law Review 11/99, vol. 74, issue. 5

MATTERS OF INTEREST

Second Circuit

The Court of Appeals affirms a lower court’s findings that these staged "perp walks" violate an arrestee’s constitutional rights, but grants the offending officer qualified immunity in this case. Lauro v. City of New York (July 28, 2000)

Fifth Circuit

Where a police officer used excessive force in an arrest, the county can be sued for "failure to train" under 42 U.S.C. Sect. 1983. The court distinguished a 1997 U.S. Supreme Court ruling in the same case, which made it almost impossible to sue where a plaintiff alleges that a single employee was negligently hired. Board of the County Commissioners of Bryan County v. Brown, 520 U.S. 387, 98-40877.

Ninth Circuit

Appellant, the operator of a tow truck business, alleging that the City’s ordinances regulating the automobile towing industry were preempted by 49 U.S.C. sec. 14501 (c). The court relied on holdings from the 2nd, 5th, and 11th Circuits and concluded that state or local laws regulating towing services are subjective to this section, unless an exception applied. Tocher v. City Santa Ana 97-55628 (7/14/00)

California Supreme Court

Review of an unpublished opinion that petitioners say weakens the court’s landmark 1976 ruling in Marvin v. Marvin, 18 Cal.3d 660. The Fourth District Court of Appeal in San Diego, said a woman couldn’t enforce promises made to her while she and her boyfriend lived together because the couple late became engaged to marry.

Oregon Supreme Court

In a medical malpractice, evidence of a sexual relationship between a physician and patient may be relevant to show that physician failed to obtain the patient’s informed consent. Macy v. Blatchford (SC S45678)

Lead Paint

Many lead paint cases will be affected by a new standard that has been drafted by the EPA. The standard changes the amount of lead in paint, dust, and soil that the EPA considers a hazard. The new standard could presumably be cited in tort cases to show that a particular lead level was or was not dangerous.

Family Leave

An important FMLA regulation has been struck down by the Seventh Circuit. The regulation says that even if a worker isn’t covered by the Act, he is deemed to be covered if the employer fails to tell him otherwise. "The right of family leave is conferred only on employees who have worked at least 1,250 hours in the previous 12 months. Yet under the regulations a worker who had worked 8 hours before seeking family leave would be entitled to leave if the employer neglected to inform the employee promptly that he or she was ineligible...[This] is not only unauthorized; it is unreasonable." Dormeyer v. Comerica Bank-Illinois, No. 99-1089

New York Appellate Division: Realty Brokers’ Duty to Sellers Is Limited

A real estate broker does not breach any fiduciary duty to a seller by showing other apartments to prospective buyers. The court said it would be "unworkable" to impose a ruling barring brokers from showing properties to potential buyers during oral negotiations between the seller and the buyer. Sonnenschein v. Douglas - Elliman & Ives

Law School: It is a Women’s World?

For the first time, the number of female applicants to law in the U.S. surpassed the number of male applicants.