Do You (as opposed to the Supreme Court) Believe That a Drunk Driver Should Be Able to be Pulled Over Based Solely Upon an Anonymous Tip?

There is no doubt that the defendant Joseph A. Moses Harris, Jr. was driving drunk when the police pulled him over. Police had received an anonymous tip, including a partial license plate as well as his name, but the arresting officer did not see Harris break any traffic laws. The Virginia Supreme Court, in a 4-3 decision, overturned Harris conviction for drunk driving, requiring the officer to see suspicious activity in order to have probable cause to stop the motorist.

Last week, the U.S. Supreme Court, by a 7-2 vote, denied certiorari to the state of Virginia seeking to appeal … Read the rest

Convicted Sex Offender Can Be Required to Submit to Computerized Voice Stress Analysis To Detect Lying

Gjurovich v. U.S., Slip Copy, 2009 WL 3232139 (N.D.N.Y. 2009) involved a petitioner who pled guilty to a two count indictment charging him with transporting child pornography in violation of 18 U.S.C. 2252A(a)(1) and possession of child pornography in violation of 18 U.S.C. 2252(a)(5)(B). In October 2001, petitioner was sentenced by this Court to seventy (70) months incarceration on Count One and (60) months incarceration on Count Two to run concurrently followed by three (3) years of supervised release.

Petitioner did not appeal his conviction or sentence. The United States Probation Office filed a petition for modification of the conditions … Read the rest

Pretrial Detainee Alleging Deliberate Indifference to His Medical Needs Must Show Defendant Was Actually Aware of Risk of Harm

In Caiozzo v. Koreman, 581 F.3d 63 (C.A.2 (N.Y.)), the plaintiffs decedent died while in custody as a pretrial detainee at Albany County Correctional Facility (ACCF). The cause of death was ascribed to seizure due to acute and chronic alcoholism. It was alleged that the defendants failed to provide him with alcohol withdrawal treatment that they knew or should have known he needed, resulting in his fatal seizure. The timing of a detainee’s last drink is important in assessing the need for and timing of alcohol withdrawal treatment.

The error of the defendant nurse who examined the plaintiffs decedent was … Read the rest

Since the FDA Requires Corrective Language in TV Ad for Birth Control MedicationYaz, Why Not for Chantix as Well?

In a recent blog, we wondered why a television advertisement for the stop-smoking drug Chantix contained an exhaustive list of side-effects yet did not disclose that the drug was subject to a U.S. Food and Drug Administration (F.D.A.) black box warning. By virtue of this omission, a viewer might easily underestimate the seriousness of the televised side-effects. We honestly thought that Pfizer, the drugs manufacturer, would so tenaciously fight against mentioning the existence of a black box warning that its inclusion in an ad was not a realistic possibility.

But shortly after this blog (maybe we are a bit behind), … Read the rest

Suffolk County Again Ahead of the Curve When It Comes to Consumer Safety, This Time Regarding Cribs

The Suffolk Legislature voted on October 13, 2009, to ban the sale of drop-side cribs, potentiallyvirtual death traps to infants. Drop-side cribs have caused many deaths and injuries, and prompted massive recalls. It is the first such restriction in the nation. The problem with drop-side cribs is that they have more moving parts than cribs with four fixed sides, making them more likely to develop gaps where a child can become trapped and be asphyxiated.

The safer style are drop-gate cribs with four immobile sides – including those that have a small six-inch section at the top of one side … Read the rest

Will New FTC Guidelines Governing Endorsements and Testimonials Affect Lawyer Advertising?

For the first time since 1980, the Federal Trade Commission (FTC) has revised the guidance it gives to advertisers on how to keep their endorsement and testimonial ads compliant with the FTC Act. The revisions of the FTCs Guides Concerning the Use of Endorsements and Testimonials in Advertising addresses endorsements by consumers, experts, organizations, and celebrities, as well as the disclosure of important connections between advertisers and endorsers. They affect testimonial advertisements, bloggers, and celebrity endorsements.

At least one of the revisions may affect lawyer advertising, whether it be print, online, radio or television advertising. Disciplinary Rule 2 101 (DR … Read the rest

Building Owner Charged with Manslaughter in Death of Construction Worker Loses Bid to Suppress Incriminating Statements

On March 12, 2008, the basement foundation wall of a two-story wood-frame residential building located at 795 Glenmore Avenue in Brooklyn collapsed into the construction site on the adjoining parcel at 793 and 791 Glenmore Avenue, causing the death of a construction worker who was working in the excavation site at the time of the collapse. The laborers were digging out the soil for the foundations and underpinnings when the wall collapsed. The owner of both the building and the construction site, William Lattarulo, stands charged with manslaughter in the second degree and reckless endangerment in the second degree.

The … Read the rest

Federal Court Upholds NYC Taxi and Limousine Commission Policy of Suspending Arrested Taxi Drivers Before Hearing

The New York City Taxi and Limousine Commission (TLC) has a policy of suspending a taxi driver upon notification of the driver’s arrest, without providing either a pre-deprivation hearing or a post-deprivation hearing that does more than confirm the fact of the driver’s arrest “ that is no attempt is made to verify the propriety of the arrest or the guilt of the driver. Four (4) individual taxi drivers whose taxicab or for-hire vehicle licenses were suspended following an arrest on charges that were later dropped, and by the New York Taxi Workers Alliance (NYTWA), a not-for-profit corporation that seeks … Read the rest

Indictment Accuses Mob of Infiltrating NYC Building Department, Taking Bribes To Grant Building Permits, Expedite Inspections And Overlook Building Violations

The Manhattan District Attorney on October 1, 2009, announced the indictment and arrest of 29 people and four corporations for enterprise corruption, bribery, bribe receiving, extortion, narcotics, and firearms trafficking, and illegal gambling. Among the individual defendants are members and associates of the Cosa Nostra Lucchese Organized Crime Family (Lucchese Crime Family), including three inspectors formerly employed by the New York City Department of Buildings and two members of the Family ruling panel; three other former building inspectors; and individuals and companies in the construction and real estate industry.

The District Attorney accused the mob of seeking to place associates … Read the rest

Michael Moores CAPITALISM: A LOVE STORY in Action: The FDA’s Approval of Menaflex

Last week, just one week before the opening of Michael Moores new movie, Capitalism: A Love Story, the U.S. Food and Drug Administration (FDA) admitted what has been known for a while that its approval of the Menaflex device in December 2008, came after intense political pressure from politicians made just months after they received significant campaign contributions from the manufacturer of Menaflex.

In issuing its approval, the FDA overrode the agency’s scientific reviewers who repeatedly and unanimously over many years decided that the device was unsafe because the device often failed, forcing patients to get another operation. This was … Read the rest