McPhillips Legal Research: Newsletter - Interesting, Controversial, and Sometimes Humorous Legal Issues

About the Newsletter

Through 2009, McPhillips Legal Research published an occasional newsletter featuring interesting, controversial, and sometimes humorous legal issues from around the country. These newsletters have been discontinued, but they remain available here at no charge.

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March 2009

Celebrity Legal Issues: 50 Cent Wants to Keep Every 50 Cent He Has Earned

Issue: Did Rapper 50 Cent’s alleged promise to “take care of” his ex-girlfriend constitute an enforceable promise to financially support her for life?
Tompkins v. Jackson, Index No. 104745/2008 (N.Y. Sup. Ct., Feb. 3, 2009)

Ironically-Named Businesses Involved in Leaky Roof Case

Issue: Was the landlord liable to the tenant Four Seasons clothing store for damages caused by an improperly repaired roof, a repair designed by the Waterproof Consulting Company?
Landmark HHH, L.L.C. v. Gi Hwa Park, 277 Va. 50, 671 S.E.2d 143 (2009)

Thanks for the Ride, Ma. I’ll Drop the Loot by Later

Issue: Did the defendant, who was dropped off and picked up at the crime scene by his mother, commit burglary under Va. Code Ann. § 18-2-90 when he entered a landowner’s shed and stole tools?
Finney v. Commonwealth, 277 Va. 83, 671 S.E.2d 169 (2009)

National Legal Issues: Judge Spoils Aptly-Named Inmate’s Rotten Chicken Suit Alleging Digestive Distress

Issue: Was the defendant entitled to a directed verdict in a products liability suit because the plaintiff failed to prove that the chicken pieces he consumed were defective or unreasonably dangerous?
Butts v. ConAgra, No. 2:06-CV-1 (D. Vt., Jan. 9, 2009)

October 2008

Celebrity Legal Issues: O.J. Alleged to have Committed Copyright Violation When He Described How He Did It. Boy, is He in Trouble!

Issue: Did O.J.’s Book “If I Did It: Confessions of the Killer” infringe upon the Plaintiff’s copyright for his 1995 Book in which the Plaintiff outlined his theory on how O.J. did it?
Pourtemour v. Simpson, No. CV-07-7308-RGK (C.D. Cal. March 4, 2008).

Virginia Legal Issues: Catch Me if You Can, Copper! Umm, Now That You’ve Caught Me, I Didn’t “Escape from Custody.” You Got No Papers on Me!.

Issue: Can a defendant be convicted for a felonious escape from custody where there is no written criminal complaint against him at the time of the attempted arrest?)\
Hubbard v. Commonwealth, 276 Va. 292, 661 S.E.2d 464 (2008).

A One, A Two, A One-Two . . . The Difference Between One and Two Makes All of the Difference.

Issue: Did a lease of a mountaintop for the erection of a telecommunications tower allow for the erection of a second tower?)
Nextel WIP Lease Corp. v. Saunders, 276 Va. 509, 666 S.E.2d 317 (2008).

National Legal Issues: Yum! Naked Cowboy M&M’s Just in Time For Halloween?

Issue: Did the Times Square “Naked Cowboy” state a claim for false endorsement under the Lanham Act against Mars, Inc. for dressing a blue M&M in “Naked Cowboy” garb on a Times Square video billboard?)
Burck d/b/a The Naked Cowboy v. Mars, Inc., 2008 WL 2485524 (S.D.N.Y., June 23, 2008).

Spring 2006

A Note from Ed McPhillips

FastCase is Great for Quick Searches; Ed McPhillips, While Odd, is Great for Detailed Legal Research and Writing…

Celebrity Legal Issues: “Who’s Nuttier? The Nut, or the Nut who Stalks the Nut?”

Issue: Is annoying CNN talk show host Nancy Grace entitled to a protective order against a stalker who wants her to set up a meeting with Osama bin Laden?
Grace v. Loegering, No. 05117278 (N.Y. Sup. Ct., New York County 2005).

Virginia Legal Issues: You Can Call Me Ray, or You Can Call Me Jay, or You Can Call Me Johnny, or…

Issue: Did Va. Code Ann. § 8.01-229(D) toll the statute of limitations in a negligence action where the defendant driver gave the police and his employer false names?
Newman v. Walker, 270 Va. 291, 618 S.E.2d 336 (2005).

Virginia Legal Issues: Do These Stripes Make Me Look Fat?

Issue: Was the appellant entitled to a writ of habeas corpus because his court-appointed attorney did not object to the appellant being tried in his prison jumpsuit?
Jackson v. Washington, 270 Va. 269, 619 S.E.2d 92 (2005).

National Legal Issues: Tax Protesters Take Heart! The Fourth Circuit finds that Failing to Pay Federal Taxes is not a “Serious Crime.” Seriously!

Issue: Is an attorney’s failure to pay his income taxes a “serious crime” subjecting him to disbarment from practicing before the federal courts of the Eastern District of Virginia?
In re Wray, No. 05-1106, 2005 WL 3547971 (4th Cir., Dec. 29, 2005).

Winter 2005/2006

A Note from Ed McPhillips

I have been involved with a number of appeals over the past two years, and the recent matter of Jordan v. Kollman, 269 Va. 569, 612 S.E.2d 203 (2005), gives you a chance to review my work.

Celebrity Legal Issues: “If Johnnie’s Gone, the Injunction Can’t Go On.”

Issue: Since Johnnie Cochran has died, does a permanent injunction barring the petitioner from speaking about Mr. Cochran in any public forum constitute an overly broad prior restraint upon speech?
Tory v. Cochran, __, U.S. __, 125 S. Ct. 2108 (2005).

Virginia Legal Matters: Maybe You Don’t Have to Play to Win; Theft Improves Your Odds.

Issue: Was a winning lottery ticket that paid $2,500 a mere chose in action that was worth no more than the face value price of the ticket, precluding the conviction of the defendant of grand larceny for purloining the ticket?
Hunt v. Commonwealth, 46 Va. App. 25, 614 S.E.2d 668 (2005).

What’s Next for Bike Thief, Candy From a Baby?

Issue: Was the defendant who was acquitted of robbery for taking a bicycle from an 11-year-old boy subjected to double jeopardy when he was later indicted for the lesser included charge of grand larceny?
Commonwealth v. Hudgins, 269 Va. 602, 611 S.E.2d 362 (2005).

National Legal Matters: A Case Sure to Draw Snickers; DJ Loses Payday When he Poses as Caller’s Sugar Daddy.

Issue: Did a DJ commit a breach of contract and fraud when he told the 10th caller she had won “100 Grand” and then gave her only a Nestle’s “100 Grand” candy bar as the prize?
Gill v. Cumulus Media, Inc., No. 05-CI-2740 (Ky. Cir. Ct., Fayette County, June 22, 2005).

Summer, 2005

A Note from Ed McPhillips

Some of you had the opportunity to see my original office with its luxurious worn carpet, incomparable view of the Federal Building parking lot, and slapdash paint job (completed by yours truly).

Celebrity Legal Issues: After All, He Didn’t Name his New Yacht the Yoohoo, Here I Am! or the Looky at Me!

Issue: Did the company that built Tiger Woods’ new yacht Privacy breach the sales contract’s confidentiality provision by publicizing the deal in yachting magazines and at trade shows?
Eldrick “Tiger” Woods v. Christensen Shipyards, (S.D. Fla, Oct. 29, 2004).

Virginia Legal Matters: And Then They Just Gave Me the Keys to That Car; Yeahhh, That’s What Happened.

Issue: Was the evidence sufficient to convict the defendant of grand larceny under Va. Code Ann. § 18.2-95?
Covil v. Commonwealth, 268 Va. 692, 604 S.E.2d 79 (2004).

It is not a Finger, it’s a Gun! It is Too a Gun! Is Too! Is Too!

Issue: Was the defendant guilty of use a firearm in violation of Va. Code Ann. § 18.2-53.1 where the defendant did not actually have a gun?
Powell v. Commonwealth, 268 Va. 233, , 602 S.E.2d 119 (2004).

National Legal Matters: Doggie Death Penalty Struck Down! Murphy the Dog is a Nice Pooch After All.

Issue: Did the trial judge abuse his discretion in upholding the state’s recommended destruction of a doggie?
State v. Lesoing-Dittoe, 693 N.W.2d 261 (Neb. 2004).

Fall, 2004

A Note from Ed McPhillips

This Newsletter has not made an appearance in some time (more than seven months to be exact). There is no overarching reason for this gap except that maybe I did not have anything new to say in this opening column.

Celebrity Legal Issues: Rocker Lenny Kravitz Learns that Subrogation has Nothing to do with Plumbing.

Issue: Must Kravitz Subrogate an Insurer for Its Payments to Kravitz’ Downstairs Neighbor who Suffered $333,849.77 in Water Damage from Kravitz’ Clogged Toilet?
Amica Mutual Insurance Co. v. Lenny Kravitz, No. 04-114905 (N.Y. Sup. Ct, County of New York, Oct. 20, 2004).

Virginia Legal Matters: Lovely Betty, Meter Maid Seeks Ticket to Ride; Uninsured Motorist’s Use of Car is Vehicle for Recovery.

Issue: Was a Motorist’s Slamming of her Car Door into a Meter Maid the “Use” of a Vehicle Entitling the Meter Maid to Uninsured Motorist Coverage?
Fireman's Fund Insurance Co. v. Sleigh, 267 Va. 768, 594 S.E.2d 604 (2004).

Dang! I Shouldn’t have Worn My Antler Hat!

Issue: Was the Defendant, who was Convicted under Va. Code Ann. § 18.2-56.1(A) of Recklessly Discharging a Firearm in a Hunting Accident, Guilty of Negligence Per Se for the Purposes of the Plaintiff’s Civil Suit?
Schlimmer v. Poverty Hunt Club, 268 Va. 74, 597 S.E.2d 43 (2004).

National Legal Matters: Um, First You’ve Got to Not be Here.

Issue: Is Voting in Person Such a Hardship for Working Mothers that They are Entitled to Absentee Ballots?
Griffin v. Roupas, No. 03-3770, 2004 WL 2316663 (7th Cir., Oct. 15, 2004).

Spring, 2004

A Note from Ed McPhillips

Well, I now have another grand incentive to work harder. On February 26, 2004, my wife Mary gave birth to Catherine Claire McPhillips, our fourth child.

Celebrity Legal Issues: Dick Clark Calls Rejected Applicant a "Dinosaur," and Applicant Calls Dick Clark "Defendant."

(Issue: Did Dick Clark illegally discriminate on the basis of age in denying the plaintiff employment?)
Ralph Andrews v. Dick Clark Productions, Inc., No. BC294647 (Los Angeles County Superior Court).

Virginia Legal Matters: Barley "Doughnuts" Are Bad For You; More than $1,000 Worth Equals a Felony.

(Issue: Did the Commonwealth Prove Under Va. Code Ann. § 18.2-137 the Value of the Property Destroyed?)
Crowder v. Commonwealth, 41 Va. App. 658, 588 S.E.2d 384 (2003).

With These Parents, the Child May Just Want to Change Her Name Someday.

(Issue: Did the Father Show that his Minor Daughter's Name Change was in Her Best Interest?)
Spero v. Heath, No. 039495, 2004 WL 434327 (Va., March 5, 2004).

National Legal Matters: Shhhhhhhhh! Peeved Librarians Initiate Dewey Decimal Dust-Up

(Issue: Does New York City "Library Hotel" Infringe Trademark on Dewey Decimal System?)
OCLC Online Computer Library v. 299 Madison Ave., L.L.C., No. 2:03-CV-00816 (S.D. Ohio)

November, 2003

A Note from Ed McPhillips

When it comes to math, I can calculate batting averages, slugging percentages, and ERA's with the efficiency of Big Blue, the IBM supercomputer which whooped that Russian guy in chess a few years ago. Out of the sporting context, however, my math skills erode quickly…

Celebrity Legal Issues: "Bayonne Bleeder" Sues Rocky; Vows to Go After Adrian, Pauly, Mick, and Butkus Next

Issue: Must Sylvester Stallone Compensate Chuck Wepner for Continually Using Wepner's Name to Publicize the Movie "Rocky" Without Wepner's Authorization?
Wepner v. Stallone, Superior Court of New Jersey, Law Division, Hudson County.

Virginia Legal Matters: Pistol-Packing Art Teacher Suffers No Critics; Students Oddly Well-Behaved

Issue: Does Va. Code Ann. § 18.2-308.1(B), barring the possession of a gun on school property, require pr1oof of criminal intent to support a conviction?)
Esteban v. Commonwealth, No. 022524, 2003 WL 22462176 (Va., Oct. 31, 2003).

When is a Used Car Worth $150,000 Under the Virginia Consumer Protection Act?

Issue: Must Plaintiff Elect Remedies When Jury Returns Two Verdicts Due to Alternate Theories of Recovery?
Wilkins v. Peninsula Motor Cars, Inc., No. 022983, 2003 WL 22462311 (Va., Oct. 31, 2003).

National Legal Matters: Aahhhhhhhhh! Ouch! Oooooof! Smile, You're on Candid Camera!

Issue: Did a Candid Camera skit constitute battery, infliction of emotional distress or other tortious conduct?
Zelnick v. Paxson Communications, Cal. Super. Ct., County of Los Angeles, No. BC274299 (Nov. 4, 2003).

July, 2003

A Note from Ed McPhillips

Some Major Research Headaches (Besides Just Research Itself)

Celebrity Legal Issues: Streisand Thinks Helicopters and High-Powered Photography Are Intrusive (And She Isn't?)

Issue: Is a Web Site containing a picture of Streisand's Malibu mansion invading her privacy or violating the state's "anti-paparazzi law?"
Streisand v. Adelman, Case No. SC077257, Superior Court of California, Los Angeles County

Virginia Legal Matters: Ordinance Barring Public Nudity Unconstitutionally Vague; Nothing Vague About Stripper-Defendant

Issue: Does ordinance violate the First Amendment rights of striptease dancers?
Boyd v. Henrico County, No. 0377-02-2, 2003 WL 21321076 (Va. Ct. App, June 10, 2003).

Supreme Court Allows Claim for Outsider Reverse Veil Piercing; Case Has Nothing To Do With Islam

Issue: Does a complaint for outsider reverse veil piercing state a claim under Virginia law?
C.F. Trust, Inc. v. First Flight, LP, No. 022212, 2003 WL 21308837 (Va., June 6, 2003).

National Legal Matters: N.Y. Court Nixes Subway Authority's Rate Increase; Does Nothing Re: Smell of Urine in Stations

Issue: Did the MTA violate public hearing requirements by incorrectly representing that it had a sizeable deficit?)
New York Public Interest Research Group Straphangers, Inc. v. Metropolitan Transportation Authority, Inc., No. 107871/03 (N.Y. Sup. Ct., New York Co., May 14, 2003).

May, 2003

A Note from Ed McPhillips

In my March 2003 inaugural newsletter, I haphazardly mentioned that this was going to be a monthly publication…

Celebrity Legal Issues: Howard Stern Answers Affirmatively to Question, "Are You Stupid?"

Issue: Did ABC engage in unfair competition by misappropriating Howard Stern's trade secrets when it aired the TV show "Are You Hot? The Search for America's Sexiest People?"
Case No. BC2922018, Superior Court of California for the County of Los Angeles—Central District

Virginia Legal Matters: Plaintiff in Billiard Brawl Civil Suit Scratches

Issue: Is a preliminary breath test and an expert's testimony based on it admissible in a civil suit?)
Santen v. Tuthill, No. 021781, 2003 WL 1903408 (Va. April 17, 2003).

Virginia Legal Matters: Klutz Can't Blame City for Slip and Fall on Crosswalk

Issue: Is the maintenance of a crosswalk a governmental function entitled to sovereign immunity?
Harrell v. City of Norfolk, No. 021419, 2003 WL 1903258 (Va. April 17, 2003).

National Legal Matters: Nike Says Denial of Sweatshop Accusations is Not Commercial Speech, Which Makes More Sense than Its Commercials

Issue: Are Nike's public relations statements and advertisements concerning sweatshop allegations "commercial speech" subject to California's Unfair Competition Law?)
Nike, Inc. v. Kasky, 45 P.3d 243 (Cal. 2002), cert. granted, 71 USLW 3319 (U.S. Jan. 10, 2003) (No. 02-575).

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