92 Constitutional Law

92VI Enforcement of Constitutional Provisions

92VI(B) Estoppel, Waiver, or Forfeiture

92k947 k. Waiver in General.

Defendants in a civil case waived the issue of an alleged violation of their due process rights, relating to trial judge allowing jurors to wear costumes, in the courtroom, on Halloween; the judge did not merely accommodate the jurors’ request to wear costumes, and instead consulted with counsel for all parties before doing so, and all counsel agreed that jurors could wear costumes.
Zabin v. Picciotto, 896 N.E.2d 937 (Mass. App. Ct. 2008)

382T Trademarks

382TII Marks Protected

382Tk1038 k. Suggestive Terms or Marks.

“Suggestive marks,” which will be protected without proof of secondary meaning, are marks that subtly connote something about service or product at issue, such as “Eskimo Pie” for ice cream bars.
Breakers of Palm Beach, Inc. v. Int’l Beach Hotel Dev., Inc., 824 F. Supp. 1576 (S.D. Fla. 1993)

279 Nuisance

279I Private Nuisances

279I(C) Abatement and Injunction

279k19 k. Nuisances Subject to Abatement or Injunction.

The playing of baseball is not a nuisance per se, against which persons living in the vicinity where the game is played may necessarily be entitled to equitable relief, but a baseball park may be so conducted, or the game may be played under such conditions as to constitute a nuisance.
Carter v. Lake City Baseball Club, 62 S.E.2d 470 (S.C. 1950)

Suggested by Jonathan Meyer, West Reference Attorney

349B Securities Regulation

349BI Federal Regulation

349BI(E) Remedies

349BI(E)1 In General

349Bk150 Insiders’ Profits, Recovery of

349Bk150.1 k. In General.

The manner in which defendants, who were found to have violated securities laws, chose to spend their misappropriations is irrelevant as to their objection to disgorge; whether they chose to use this money to enhance their social standing through charitable contributions, to travel around the world, or to keep their co-conspirators happy is their own business.
S.E.C. v. Levine, 517 F. Supp. 2d 121 (D.D.C. 2007)

96H Controlled Substances

96HIII Prosecutions

96Hk61 Indictment, Information or Complaint

96Hk65 k. Substance and Quantity Involved.

Because purpose of indictment is to identify clearly crime being charged, thereby putting accused on reasonable notice to defend against it and prepare for trial, indictment alleging trafficking in compound obtained from cocoa leaves was not so defective as to deprive trial court of subject-matter jurisdiction given trial evidence showed over 637 grams of a 35 percent cocaine mixture; at no time could defendant realistically have thought that he was charged with trafficking in chocolate.
State v. Thrift, 336 S.E.2d 861 (N.C. Ct. App. 1985)

92 Constitutional Law

92XXVI Equal Protection

92XXVI(E) Particular Issues and Applications

92XXVI(E)12 Trade or Business

92k3681 Licenses and Regulation

92k3684 Attorneys and Paralegals

92k3684(1) k. In General.

Lawyers are not a suspect class, for purposes of equal protection component of Fifth Amendment.
Russell v. Hug, 275 F.3d 812 (9th Cir. 2002)

Suggested by Christine Djaletta; Office of the Clerk, Legal Division; Court of Appeals – Third Circuit; Philadelphia, PA

410 Witnesses

410III Examination

410III(B) Cross-Examination

410k266 k. Right to Cross-Examine and Re-Examine in General.

Purpose of cross-examination is to test intelligence, memory, accuracy, and veracity of witness.
Bright v. State, 400 S.E.2d 18 (Ga. Ct. App. 1990)