Westlaw Insider » Headnotes http://westlawinsider.com Insights, Westlaw tips and the lighter side of legal research Fri, 03 Feb 2012 22:07:57 +0000 en hourly 1 http://wordpress.org/?v=3.2.1 Man’s Share of the Blame http://westlawinsider.com/headnote-of-the-day/mans-share-of-the-blame/ http://westlawinsider.com/headnote-of-the-day/mans-share-of-the-blame/#comments Fri, 03 Feb 2012 12:00:57 +0000 Westlaw Insider http://westlawinsider.com/?p=24215
  • 405 Water Law
  • 405V Diffuse Surface Waters
  • 405V(A) In General
  • 405k1168 Drainage or Discharge
  • 405k1169 k. In General.

    • 405 Water LawWhere God and man collaborate in causing flood damage, man must pay at least for his share of the blame.
    Mark Downs, Inc. v. McCormick Properties, Inc., 441 A.2d 1119 (Md. Ct. Spec. App. 1982)

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    ]]>     http://westlawinsider.com/headnote-of-the-day/mans-share-of-the-blame/feed/ 0     Great Balls of…toilet paper? http://westlawinsider.com/headnote-of-the-day/great-balls-of-toilet-paper/ http://westlawinsider.com/headnote-of-the-day/great-balls-of-toilet-paper/#comments Thu, 02 Feb 2012 12:00:34 +0000 Westlaw Insider http://westlawinsider.com/?p=24212
  • 37 Assault and Battery
  • 37II Criminal Responsibility
  • 37II(B) Prosecution
  • 37k91.1 Weight and Sufficiency of Evidence
  • 37k91.11 k. Attempt.

    • 37 Assault and BatteryState presented insufficient evidence that defendant, who threw balls of wet toilet paper at correction officer, attempted to cause injury by means of a dangerous instrument to support conviction for attempted assault in the second degree; instruments consisted of compressed balls of wet toilet paper, some of which were mixed with banana, defendant threw balls from distance of 12 to 15 feet, and ball which struck officer was small enough to pass through one of the 2 1/2-inch openings in protective grate.
    People v. Travis, 711 N.Y.S.2d 514 (App. Div. 2000)
    Suggested by Andrea Wan, Senior Court Attorney; New York Unified Court System; Brooklyn, NY

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    ]]>     http://westlawinsider.com/headnote-of-the-day/great-balls-of-toilet-paper/feed/ 0     Summary Judgment Misnomer http://westlawinsider.com/headnote-of-the-day/summary-judgment-misnomer/ http://westlawinsider.com/headnote-of-the-day/summary-judgment-misnomer/#comments Wed, 01 Feb 2012 12:00:04 +0000 Westlaw Insider http://westlawinsider.com/?p=24207
  • 170A Federal Civil Procedure
  • 170AXVII Judgment
  • 170AXVII(C) Summary Judgment
  • 170AXVII(C)1 In General
  • 170Ak2461 k. In General.

    • 170A Federal Civil ProcedureTerm “summary judgment” is something of a misnomer; it suggests judicial process that is simple, abbreviated, and inexpensive, while in reality, process is complicated, time-consuming, and expensive.
    Fesler v. Whelen Eng’g Co., Inc., 794 F. Supp. 2d 994 (S.D. Iowa 2011)
    Suggested by David F. Herr, Partner and Thomson Reuters Author; Maslon Edelman Borman & Brand, LLP; Minneapolis, MN

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    ]]>     http://westlawinsider.com/headnote-of-the-day/summary-judgment-misnomer/feed/ 0     Twin Justice http://westlawinsider.com/headnote-of-the-day/twin-justice/ http://westlawinsider.com/headnote-of-the-day/twin-justice/#comments Tue, 31 Jan 2012 12:00:19 +0000 Westlaw Insider http://westlawinsider.com/?p=23310
  • 282 Obstructing Justice
  • 282k5 k. Suppression or Falsification of Evidence.

    • 282 Obstructing JusticeSince one twin was ordered by court to give handwriting samples after being arrested for using stolen credit card, the other twin’s appearing and giving the handwriting samples was designed to prevent his brother from so doing and amounted to obstruction of justice.
    Elliott v. U.S., 385 A.2d 183 (D.C. 1978)
    Suggested by Kara Boucher, Principal Attorney Editor, Westlaw

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    ]]>     http://westlawinsider.com/headnote-of-the-day/twin-justice/feed/ 0     “…no such thing as a free lunch…” http://westlawinsider.com/headnote-of-the-day/no-such-thing-as-a-free-lunch/ http://westlawinsider.com/headnote-of-the-day/no-such-thing-as-a-free-lunch/#comments Mon, 30 Jan 2012 12:00:00 +0000 Westlaw Insider http://westlawinsider.com/?p=23307
  • 170A Federal Civil Procedure
  • 170AXIX Fees and Costs
  • 170Ak2737 Attorney Fees
  • 170Ak2737.13 k. Class Actions; Settlements.

    • 170A Federal Civil ProcedureNegotiation of class counsel’s attorneys’ fees is not exempt from truism that there is no such thing as a free lunch.
    Staton v. Boeing Co., 327 F.3d 938 (9th Cir. 2003)

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    ]]>     http://westlawinsider.com/headnote-of-the-day/no-such-thing-as-a-free-lunch/feed/ 0     A “well-recognized fact” http://westlawinsider.com/headnote-of-the-day/a-well-recognized-fact/ http://westlawinsider.com/headnote-of-the-day/a-well-recognized-fact/#comments Fri, 27 Jan 2012 12:00:30 +0000 Westlaw Insider http://westlawinsider.com/?p=23303
  • 157 Evidence
  • 157I Judicial Notice
  • 157k14 k. Facts Relating to Human Life, Health, Habits, and Acts.

    • 157 EvidenceIt is a well-recognized fact that big persons fall harder than small ones.
    Garbutt v. Schechter, 334 P.2d 225 (Cal. Ct. App. 1959)
    Suggested by Sara Dudley, Librarian; Severson & Werson; San Francisco, CA

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    ]]>     http://westlawinsider.com/headnote-of-the-day/a-well-recognized-fact/feed/ 0     Fictitious Claims http://westlawinsider.com/headnote-of-the-day/fictitious-claims/ http://westlawinsider.com/headnote-of-the-day/fictitious-claims/#comments Thu, 26 Jan 2012 12:00:56 +0000 Westlaw Insider http://westlawinsider.com/?p=23299
  • 170B Federal Courts
  • 170BI Jurisdiction and Powers in General
  • 170BI(A) In General
  • 170Bk29 Objections to Jurisdiction, Determination and Waiver
  • 170Bk32 k. Pleading.

    • 170B Federal CourtsClaims that are “essentially fictitious,” thus warranting dismissal for lack of subject matter jurisdiction, include those that allege bizarre conspiracy theories, fantastic government manipulations of the will or mind, or any sort of supernatural intervention.
    Bickford v. Gov’t of U.S., 2011 WL 3891805 (D.D.C. Sept. 6, 2011)

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    ]]>     http://westlawinsider.com/headnote-of-the-day/fictitious-claims/feed/ 0     Trial Judge Comments http://westlawinsider.com/headnote-of-the-day/trial-judge-comments/ http://westlawinsider.com/headnote-of-the-day/trial-judge-comments/#comments Wed, 25 Jan 2012 12:00:21 +0000 Westlaw Insider http://westlawinsider.com/?p=23296
  • 110 Criminal Law
  • 110XXIV Review
  • 110XXIV(Q) Harmless and Reversible Error
  • 110k1166.5 Conduct of Trial in General
  • 110k1166.22 Remarks and Conduct of Judge
  • 110k1166.22(3) k. Argument and Conduct of Counsel, Remarks as To.

    • 110 Criminal LawComments of trial judge to defense counsel, to effect that counsel was “bordering on being a sleaze” did not constitute reversible error, as they were made outside presence and hearing of jury.
    Houston v. State, 565 So. 2d 277 (Ala. Crim. App. 1990)

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    ]]>     http://westlawinsider.com/headnote-of-the-day/trial-judge-comments/feed/ 0     Appellate Court Burden http://westlawinsider.com/headnote-of-the-day/appellate-court-burden/ http://westlawinsider.com/headnote-of-the-day/appellate-court-burden/#comments Tue, 24 Jan 2012 12:00:37 +0000 Westlaw Insider http://westlawinsider.com/?p=23293
  • 30 Appeal and Error
  • 30XVI Review
  • 30XVI(G) Presumptions
  • 30k901 k. Burden of Showing Error.

    • 30 Appeal and ErrorAppellate court system is designed so that appellant must do the “heavy lifting,” and an appellate court that assumes that burden on behalf of an appellant distorts the fundamental allocation of benefits and burdens.
    Niemela v. Imperial Mfg., Inc., 263 P.3d 1191 (Utah Ct. App. Sept. 29, 2011)
    Suggested by Valerie Garber, Principal Attorney Editor, Westlaw

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    ]]>     http://westlawinsider.com/headnote-of-the-day/appellate-court-burden/feed/ 0     “…matters of common knowledge…” http://westlawinsider.com/headnote-of-the-day/matters-of-common-knowledge/ http://westlawinsider.com/headnote-of-the-day/matters-of-common-knowledge/#comments Mon, 23 Jan 2012 12:00:32 +0000 Westlaw Insider http://westlawinsider.com/?p=23290
  • 157 Evidence
  • 157I Judicial Notice
  • 157k23 Matters Relating to Government and Its Administration in General
  • 157k23(1) k. In General.

    • 157 EvidenceCourt can take judicial notice of matters of common knowledge, such as fact that state of Minnesota has an excellent National Guard, well trained and well equipped.
    Strutwear Knitting Co. v. Olson, 13 F. Supp. 384 (D. Minn. 1936)
    Suggested by Jeremy Feilmeyer, Westlaw Reference Attorney

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