"Every new tribunal, erected for the decision of facts, without the intervention of a jury is a step towards establishing aristocracy, the oppressive of absolute governments." Sir William Blackstone (1765-1769)

BRIEF RELIEF MATTERS IN PROGRESS

1. Preparation of Amended Complaint, Motion to permit filing and memo.
2. Memo on Rooker-Feldman doctrine in Federal matter.
3. Employment contract and issue of damages.
4. Excited utterance as evidence and failure to raise issue on motion for new trial and appeal ability.
5. Issue of financing lease, UCC 2A-202 and parol evidence.
6. Right to file reply memo to reply brief on motion for summary judgment (NY).
7. Interrogatories in personal injury matter.
8. Civil rape and evidence issues.

MATTERS OF INTEREST
CLIENT CONFIDENTIALITY
Lawyers can reveal client confidences in order to prevent substantial bodily harm, even if the harm isn't "imminent" and the client's planned conduct isn't a crime, says the American Bar Association in voting on a major change to its ethics rules. The change would allow lawyers to reveal such things as a client's plans to sell defective products, to contaminate property, or to commit sucide.

2nd Circuit
Criminal Law & Procedure
Kerman v. City of New York, No 00-9130 (July 26, 2001) An uncorroborated and anonymous 911 call that a person is about to commit suicide is not sufficient to establish exigent circumstances for a warrantless entry into a dwelling.

Pavel v. Hollins, No. 99-2410 (July 26, 2001) Trial attorney that did not prepare a defense, on the theory that the charges against defendant would be dismissed at the close of the prosecution's case, provided ineffective assistance of counsel.

Debt Collector, Goldstein v. Hutton, 98 Civ. 1464, August 22, 2001, Law firms that engage in collecting debts are not subject to constraints under federal debt collection law if their activities constitute only a small percentage of their overall revenues.
NEW YORK COURT OF APPEALS
Darby v. Compangie Nationale Air France (6/7/01- No. 2 No. 67) Encouraging and facilitating the use of a nearby public beach does not impose a duty of reasonable care to discover the actual condition of the land under water and warn guests of the inn of its dangerous condition.

Lobosco v. New York Telephone Co., 1 NO. 83 (N.Y. June 14, 2001) Plaintiff-employee cannot bring a breach of employment contract action against the employer where the employee manual expressly disclaims a contractual relationship with plaintiff-employee in favor of at will employment.

8th Circuit
Miles v. General Motors Corp. (8/14/01- No. 00-2602) In automobile accident trial where defendant alleged comparative negligence, testimony that plaintiff's breath smelled of alcohol after the accident is admissible despite blood tests that showed no alcohol in plaintiff's body.

3rd Circuit
Daniels v. Thomas & Betts Corp. (8/24/01- No. 00-1974) Liability for breach of a fiduciary duty necessarily requires a finding of uncontroverted evidence of detrimental reliance, but does not requires a showing that the fiduciary had actual knowledge that a particular beneficiary was about to be misled.

US v. Watson, (8/9/01 No 00-2826 While narcotics agents can testify about general drug culture practices on substantive and foundational grounds, Fed. R. Evid. 704 (b) prohibits the prosecution's experts from testifying about whether defendant's had intent to distribute narcotics.

6th Circuit
McGraw v. Holland, (7/10/01-No. 99-2327) A minor who states an unwillingness to talk about the crime because she is uncomfortable with the subject matter and feared retaliation from other defendants has effectively invoked her right to remain silent under Miranda.

10th Circuit
US v. Caro, (8/9/01- No. 99-4229) A police officer may not examine a car's doorjam VIN number without probable cause to conduct a search, or without consent of the driver.

PUBLICATIONS OF INTEREST

The Wall Street Journal, July 31, 2001: Jurors with Hidden Agendas. Lawyers see rise in people who don't disclose bias, then seek to sway peers. By: Jerry Markon

Observe. Inform. Or go to jail?: A controversial new South Carolina law requires IT workers to report suspected incidents of child pornography on computers. There are sensitive issues if they do comply, and consequences if they don't. InformationWeek

New York Times, July 31, 2001: Without a Lawyer. Chain of legal self-help centers is expanding. By: Crystal Nix Hines

Justice Sandra Day O'Connor's twenty years on the Supreme Court, By: Marci Hamilton, Findlaw June, 2001.

Execution American Style: the Court ignores the Eighth Amendment Status of Gas Chamber Executions, By: John Dean, Findlaw, June 22, 2001.

The 2000-2001 Supreme Court term in review, Part I and Part II, By: Michael C. Dorf, Findlaw June 27, 2001.