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 … 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 … 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 … 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 … 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 … 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 … 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 … 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 … 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 … 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 … Read the rest