Maslon Librarian

How to Subpoena a Library Book

2005-02-18T12:33:00.000-06:00

I love it! A Georgia law librarian received a subpoena for a reference book in the collection because the attorney did not have borrowing privileges with this public institution. The staff photocopied the book, had it notarized, and sent the bill. The notarized copy was admitted as evidence.

Minn.Stat.599.15 takes care of situations like these locally. My own encounter was the need for an original copy of the Wall St. Journal from 8 years previous to the request. The Minneapolis Public Library told me to have them subpoenaed so the attorney who requested the newspaper did. Most libraries now make a point of archiving back issues in the original of any newspaper for 2-3 years. The tsorsis is not worth it!

That National Law Journal!

2005-02-08T15:18:00.000-06:00

It does get confusing when you see only the headlines in a blog. Last week I caught the article about summer hiring and law firms but totally missed the article on "Litigating Landmark Suits", a little overview of Marvin Krislov, general counsel at the University of Michigan. Evidently we get our hard copy one week after it appears on Law.com. Wonder if the folks on the east coast get it any sooner??

The week of Feb. 7 which the library will receive next week (Feb. 14 - remember "Who's on First"?) also has some interesting articles.
Judge orders firm to ethics class is a nasty story about the Lozano Smith law firm which fights students with disabilities.

High court to weigh class action 'reform' covers the litigation of multi-party actions.

This one looks very interesting because it discusses the Google decision in Virginia: Key battle over search engine fees is not over. A similar case is being decided in the Northern California Federal District, Google v. American Blind and Wallpaper Factory Inc., No. 03-5340-JF.

Enjoy the hard copy when you receive it. You have been warned!

Other Blogs

2005-02-08T08:53:00.000-06:00

The Scotusblog has an RSS feed! When it began it did not which was inconvenient for me, being so cheap I do not believe in actually paying $$ for a feed aggregator. Sounds bucolic: feed aggregator. My $$ go for blogs that ultimately cost $$, i.e., you need a subscription to the Wall St. Journal or Law.com. Mealey's costs $$ if you want to see the full text, as do the Intraclips I have created for the 8th Circuit and the Minnesota Federal District Court.--again if you have this desire to see the full text.

Latest rumour is that Bloglines was bought by Ask Jeeves according to Ambrogi's Lawsites. Some days it's just hard to keep up with who is buying whom. Wonder if this means I'll actually have to buy some software in order to blog.

From the National Law Journal Sources

2005-02-01T08:48:00.000-06:00

Scary costs, those Philadelphia law firms are increasing new associate salaries to $115,000.00. At least they're not increasing the billable hours, those remain at 1,900 for the newcomers. The article is taken from the Legal Intelligencer and titled "Buchanan, Stradley Join Move to $115K Starting Salary".

This week's NLJ newspaper covers insurers and obesity policies; elder law attorneys and the politics of aging; and more on the Asbestos trust fund. The other article I found interesting is about summer hiring, how it has increased this year, and how firms are looking for more specific interests. The article is not in this week's newspaper though; maybe it will be next week.

The funniest trademark story is who owns the name of "the Mustang Ranch". Look for that in this week's Natioanl Law Journal, in the column "Voir Dire".

Validated!

2005-01-26T11:32:00.000-06:00

From the blog, LawLibTech comes a piece on why law librarians should blog. I knew that. You cannot know how much "stuff" is strewn throughout my cubbie office with little bits of information that I may need someday. Much better to put it all down electronically. Just think how much worse it would be if the staff were larger!

Not too worried about someone actually finding this blog even though it's private. Like e-mail, you should not put in anything you do not want other people to read. Common sense, yes?

Copyright for the Layperson

2005-01-26T09:04:00.000-06:00

Nothing like having your child e-mail you to ask how he should handle copyright for some papers he's photocopying for the class he teaches at the local community college. Fortunately 2 articles recently appeared that answer his questions. The most recent one from Online magazine gives a nice overview of pertinent 17 U.S.C. sections. The second one is a chart of types of works and dates of publication. The author, Mr. Hirtle, also uses a Creative Commons license so you know under what circumstances you can use this chart. Naturally I also directed #2 son to Circular 21, Reproduction of Copyrighted Works by Educators and Librarians. Amazing how complicated education has become!

Dames, K. Matthew. "Copyright clearances: copyright limitations and risk analysis for information professionals" Online V.29, no.1 (Jan/Feb 2005) p. 24+

Hirtle, Peter B. "Copyright term and the public domain in the United States (as of 7 July 2004)" Information Outlook V.8, no.11 (November 2004) p. 29+

Back in Business!

2005-01-21T13:09:00.000-06:00

The Maslon Intranet has been upgraded giving the library staff more control over its web pages. Which means everything has to be updated! I've been running the RSS feeds from the NY Times Business section and from the (Mpls-St.Paul) Business Journal and think nobody has even noticed at how effortlessly it changes daily. Oh well thanks anyway Lori B. for your assistance in the endeavor!

Meanwhile I've been working on the library basic search page. Sometimes it shows up funny in Firefox. I love Firefox even if it dislikes the M-S formatting. The tabs are so cute!

That was an aside. Back to the library's basic search page which is much more up-to-date now. People don't realize the sophistication of it and its interaction with all the other pages created within our software. Oh, for the 20th Century when people understood software and could actually use it. For example, I've decided I'm too old to learn XML. HTML and blogging are fine but I have other things to do in life. Supposedly though I should be able to add some more links to the search pages as needed. The Corporate Governance list is overkill but there has to be some way to make it more contemporaneous.

Now if someone would just use the library catalog and send us an e-mail! Make my day!

National Law Journal (Oct. 18 issue)

2004-10-18T09:22:00.000-05:00

Some interesting articles will be in this week's issue.
Rift grows between Congress and the courts By Marcia Coyle, Staff reporter
The legislative and judicial branches of the federal goverment are often at odds, but the tension has reached such a high point that many observers feel it's time to take action and eliminate the potential for further clashes of profound magnitude.

Charities see crackdown over abuses By Tresa Baldas, Staff Reporter
Nonprofit organizations are now operating under the watchful eyes of regulators who are out to prevent misconduct and simultaneously rebuild faith in charitable giving.

Subpoenaed library record sparks concern By Leonard Post, Staff Reporter
"The recent disclosure that the FBI had subpoenaed records from a rural Washington state library", now this is something librarians always worry about!

Race-based pricing carries huge cost By Dee McAree, Staff Reporter
[S]everal major insurance companies have paid out hundreds of millions of dollars to settle civil lawsuits and regulatory actions for allegedly charging African-Americans higher premiums than whites.

An offer one can't refuse: mediate By Kathryn Kirmayer and Jane Wessel
When the court says you have to mediate, what happens to good faith? Both British and U.S. law are discussed.

Intraclip: Minn. Fed. Dist. Court

2004-10-18T09:16:00.000-05:00

Firstcom, Inc. v. Qwest Corp.
available on Westlaw at 2004 WL 2315289 (D.Minn. Oct 13, 2004) (NO. CIV. 04-995 ADMAJB)
David E. Wandling, Wandling Law Group, LLC, Minneapolis, MN, for and on behalf of Plaintiff. Robert E. Cattanach, Dorsey & Whitney, LLP, Minneapolis, MN, for and on behalf of Defendant. MEMORANDUM OPINION AND ORDER MONTGOMERY, J. I. ...
Defendant moved to dismiss the amended complaint for lack of capacity to bring suit, claiming plaintiff had not demonstrated that the dissolved corporation transferred, by formal assignment or operation of law, any cognizable claims to its former shareholders. Defendant’s motion was denied because Minnesota’s survival statute does not limit the time period in which a defunct corporation’s former shareholders may bring a derivative claim.

Ah,Creativity

2004-10-18T08:47:00.000-05:00

Last Thursday Lawsites noted Mr. Ambrogi's article in Legal Tech News on all the intellectual property blogs available. Nice article and he has a useful blog too! You can link to his article via his blog.

DMCA Protects? !

2004-10-18T08:41:00.000-05:00

From Friday's BeSpacific Blog is this informtion about Diebold, a company that manufactures electronic voting machines. Evidently it got upset when college students pointed out many of the problems and got the bright idea of suing under the DMCA, in effect, a takedown threat on infringement.

Minneapolis Public Library

2004-10-13T10:42:00.000-05:00

According to the MPL blog you can put on a hard hat and tour the construction site on these dates: 4:00 p.m. on Wednesdays, October 13, 20, 27 and November 3, 10, 17. Call 612-342-4001, to make a reservation or for more information.

De-duplication on Westlaw

2004-10-13T10:30:00.000-05:00

The Wisblawg notes the Thomson-West press release about the de-duplication features now available. Be still my beating heart! Of course I notified my library committee of this after returning from the Boston AALL conference. Of course Dialog has had this feature for almost 20 years.

Saks or Not

2004-10-07T13:33:00.000-05:00

According to today's Business Journal, Saks is closing its store in Gaviidae. But not to be too forlorn. They may put in a Herberger's which Saks owns. I did not know this but the switch would probably a good one. Minnesotans do not dress up, even the rich ones.

From Minn. Fed. Dist. Court

2004-10-06T15:16:00.000-05:00

Date Case # Caption Title Judge
09/30/04 99cv01356 Anchor Wall Sys v Rockwood Retaing Walls Order John R. Tunheim Posted: 10/01/04
Description
Patent Infringement Plaintiff requests permission to file a motion for reconsideration of the portion of the Court's September 7, 2004 Memorandum Opinion and Order concerning defendants' prosecution laches defense and seeks clarification with respect to the invalidity and unenforceability defense regarding the Keystone Garden Wall block. The Court denies plaintiff's request for permission to file a motion for reconsdieration; and grants plaintiff's request for clarification with respect to the Keystone Garden Wall block. The Court holding that this defense is available to the defendants.
View/Print this ruling (#04-06875)

Intraclip: Fed. Dist. of Minnesota Cases

2004-10-06T14:50:00.000-05:00

You can obtain the full text of these cases through Westlaw or through the website of the Minnesota Federal District court (usually).

Meyer v. O'Keefe
2004 WL 2212091 (D.Minn. Sep 30, 2004) (NO. 03-5251(JRT/RLE))
Sept. 30, 2004. Michael A. Meyer, Moose Lake, Minnesota, pro se. Kerri Stahlecker Hermann, Assistant Attorney General, Office of the Minnesota Attorney General, St. Paul, Minnesota, for defendants. ORDER ADOPTING THE REPORT AND RECOMMENDATION

Scott v. Janklow
2004 WL 2212048 (D.Minn. Oct 01, 2004) (NO. 04-1229 ADM/AJB)
Ronald I. Meshbesher, Meshbesher & Spence, Minneapolis, MN, for and on behalf of Plaintiffs. William P. Fuller, Woods Fuller Shultz & Smith, Sioux Falls, SD, for and on behalf of Defendant William J. Janklow.

Johnson-Lee v. City of Minneapolis
2004 WL 2212044 (D.Minn. Sep 30, 2004) (NO. 02-1139(JRT/FLN))
Jordan S. Kushner, Kushner Law Office, Minneapolis, MN and Larry B. Leventhal and Michael C. Hager, Leventhal Law Office, Minneapolis, MN, for plaintiffs. Clifford M. Greene, Kevin G. Ross, and Pamela L. VanderWiel, Greene Espel, Minneapolis, ...

King v. Thompson
2004 WL 2212052 (D.Minn. Sep 30, 2004) (NO. 02-3603 (JRT/FLN))
Maxine D King c/o Peggy Anderson, Representative, Edina, MN, pro se. Lonnie Bryant, Assistant United States Attorney, Office of the United States Attorney, Minneapolis, MN, for defendant Thompson. Jeffrey G. Vigil, HealthPartners, Inc., ...

Not Just a 9th Circuit

2004-10-06T14:15:00.000-05:00

Several sources have noted the House of Representatives vote on the federal judiciary. Close to the last moment, an ammendment was added to divide the 9th Circuit into three separate courts of appeal. You can see the article on Jurist as well as How Appealing. Howard Bashman quotes extensively from an article by Brent Kendall in the legal newspaper, The Daily Journal.

[8th Cir. Caselaw] Findlaw daily opinion summaries (10/06/2004)

2004-10-06T14:10:00.000-05:00

CRIMINAL LAW & PROCEDURE, IMMIGRATION LAW
US v. MENDEZ-MORALES, No. 03-3477 (8th Cir. October 06, 2004)
Prosecution under 8 U.S.C. section 1326 is affirmed where
defendant-alien did not show agency in underlying administrative
action abused its discretion and alien cannot show prejudice from
absence of judicial review.

To read the full text of this opinion, go to:

[PDF File]

LII Bulletin

2004-10-05T10:34:00.000-05:00

The (Legal Information Institute) LII Bulletin is one of the best examples of an e-journal since 1995 when it began tracking current Supreme Court cases. This year the Bulletin is exploring the cases through "essays that offer analysis and insight about important cases coming before the Court." Titled Coming Attractions the editors hope that it will explain some of the technical aspects of cases and why these are in Supreme Court in the first place. It should be very useful for journalists and teachers. You can link to Coming Attractions above or receive an e-mail edition titled "Preview Bulletins". These will summarize each essay and link to the full text. The previews will be available before each case is argued.

Here are the first two about the federal sentencing guidelines and trademark confusion. After that you're on your own!

CRIMINAL PROCEDURE, SIXTH AMENDMENT, FEDERAL SENTENCING GUIDELINES

United States v. Booker (No. 04-104) and United States v. Fanfan (No. 04-105)

In these cases, the Supreme Court decides whether the United States Sentencing Guidelines violate the Sixth Amendment in situations where a judge, not a jury, finds a fact that leads to an enhanced sentence. The upcoming decision follows last summer’s ruling in Blakely v. Washington, 124 S.Ct 2531 (2004), in which the court held a similar sentencing scheme unconstitutional in the state of Washington. In a footnote in Blakely, the court stated that it had no opinion on the constitutionality of the United States Sentencing Guidelines. The decision caused great confusion among lower federal courts that had to impose sentences in the wake of Blakely. If the Court finds that judges may not impose sentences based upon facts not found by the jury, it will then decide whether the Guidelines are wholly inapplicable in situations where they would require a sentencing judge to find a sentence- enhancing fact. This severability analysis will require the court to determine if Congress's intent can be salvaged once the unconstitutional elements are severed from the sentencing scheme.

TRADEMARK INFRINGEMENT, FAIR USE OF TRADEMARK, LANHAM ACT

KP Permanent Make-up, Inc. v. Lasting Impressions, Inc. (No. 03-409)

KP Permanent Make-up, Inc. v. Lasting Impressions, Inc., MCN International, Inc. tests whether a showing of the absence of a likelihood of confusion is necessary before a defendant may invoke the classic fair use defense in a trademark infringement suit. Without a viable fair use defense, descriptive trademark owners can monopolize their market and make it difficult for their competitors to describe their own products or services. By statute, incorporating cases at common law, there is no requirement of an absence of a likelihood of confusion to assert a fair use defense. To require proving the absence of a likelihood of confusion effectively negates the fair use defense, because there would not be a need to defend the fair use if there were likely not some element of confusion. The interests of the parties in the use of the term must be balanced to determine whether there is a likelihood of confusion and whether the fair use of the term obviates that likelihood. It is unlikely that the Supreme Court will accept the Ninth Circuit’s position that a complete absence of likelihood of confusion must be proved to allow the fair use defense to succeed.

2004-10-05T08:59:00.000-05:00

From the Business Journal yesterday:
G&K Services Inc. Canadian subsidiary, G&K Services Canada Inc., has bought Nettoyeur Shefford Inc., a uniform- and textile-service company serving the Montreal area.

Black Is Striking Back

2004-10-02T13:06:00.000-05:00

Conrad Black files defamation suit against Hollinger Inc.
The Jurist noted that "Allegations of Black's misuse of company funds came to light in August". The Pittsburgh blog has been following this story since then.

From the National Law Journal (NLJ)

2004-10-02T11:36:00.000-05:00

Here are some stories to look for in the Oct. 4 issue of NLJ. The library circulates 2 copies.

Doctors, lawyers battle in four states. "In all four states—Florida, Nevada, Oregon and Wyoming—doctors and health insurers pushed to get measures on the Nov. 2 ballot, and trial lawyers are campaigning hard for a "No" vote."

High Court to Revisit Sentencing Guidelines. "The justices will hear an unusual two-hour argument in two consolidated and expedited cases brought by the government to answer whether the Federal Sentencing Guidelines run afoul of the Sixth Amendment. U.S. v. Booker, No. 04-104; U.S. v. Fanfan, No. 04-105"

Little Chip Evokes Big Brother. "A tiny tracking chip that can do everything from detect spoiled milk to monitor consumers' shopping habits has caught the ire of privacy advocates and lawmakers who fear the technology will further erode privacy rights." But what if you just want to track library books, locating them when a partner in the law firm needs it right away?

New Fields of Practice Bridge Gaps [feature]. "The National Law Journal's Emerging Practice Areas special section highlights the innovative ways law firms have weathered the dot-com doldrums of the past and now are focused on cultivating new business."

[Labor & Employment Caselaw] Findlaw Opinion Summaries (10/2/04)

2004-10-02T11:28:00.000-05:00

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U.S. 1st Circuit Court of Appeals
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NAT'L UNION FIRE INS. CO. OF PITTSBURGH v. LUMBERMEN'S MUT. CAS. CO.
(09/27/04 - No. 03-2503,03-2504, 03-2507, 03-2508)
In a case concerning two insurance companies' liability to pay the
defense and settlement costs of an employer, the grant of summary
judgment for defendant is reversed where genuine issues of fact exist as
to whether plaintiff's policy provided the proper coverage.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/1st/032503.html

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U.S. 2nd Circuit Court of Appeals
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PETROSINO v. BELL ATLANTIC (09/29/04 - No. 03-7366, 03-7708)
Summary judgment against plaintiff's claim of a gender-hostile work
environment is reversed where the totality of the evidence would permit
a reasonable jury to conclude that plaintiff was the victim of sexual
harassment.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/2nd/037366p.pdf

GUALANDI v. ADAMS (10/01/04 - No. 02-7809)
An employee benefit plan, which is set up and administered using funds
from the public school district, is not subject to the provisions of
ERISA.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/2nd/027809p.pdf

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U.S. 4th Circuit Court of Appeals
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GRIGGS v. E.I. DUPONT (09/29/04 - No. 03-1985)
Rescission is a remedy traditionally available in equity and is
therefore a proper remedy under ERISA.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/4th/031985p.pdf

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U.S. 6th Circuit Court of Appeals
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LEADBETTER v. GILLEY (09/29/04 - No. 02-6360)
Dismissal of plaintiff's employment discrimination case is affirmed
where he failed to show that he was a similarly situated candidate for
the position sought and defendant-employer had legitimate
nondiscriminatory reasons for not hiring plaintiff.

To read the full text of this opinion, go to:
http://laws.findlaw.com/6th/026360.html

JONES v. METRO. LIFE INS. CO. (09/29/04 - No. 03-1375)
Dismissal of plaintiff's suit, seeking benefits from an insurance
policy in an employee benefits plan, is reversed where, in denying
plaintiff's claim for benefits, defendant-insurance company applied an
arbitrary-and-capricious definition of the term "accident."

To read the full text of this opinion, go to:
http://laws.findlaw.com/6th/031375.html

INT'L UNION v. WINTERS (09/30/04 - No. 03-1574)
The district court's holding that a random drug testing program
implemented for select Michigan civil service employees does not violate
the Fourth Amendment is affirmed where sufficient special needs, based
on public concerns, were present and overrode the intrusion of
plaintiffs' Fourth Amendment rights.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/031574.html

PENSION BENEFIT GUAR. CORP. v. UNITEDSTEEL WORKERS (10/01/04 - No.
03-4494)
Plaintiff, a pension plan termination insurance program, successfully
appeals the denial of a plan termination date, which allows it to avoid
payment of unvested "shutdown" benefits to plan participants represented
by defendant.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.findlaw.com/data2/circs/6th/034494p.pdf

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U.S. 7th Circuit Court of Appeals
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FRNAKLIN v. CITY OF EVANSTON (09/27/04 - No. 03-2127)
Defendant-City violated plaintiff's right to procedural due process
where its policy does not allow plaintiff an opportunity to defend
himself against disciplinary proceedings.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/032127p.pdf

BOYD v. ILLINOIS STATE POLICE (09/30/04 - No. 02-2880)
Summary judgment against plaintiffs' employment discrimination claim is
affirmed where their work transfer did not violate the state transfer
statute and did not violate plaintiff's rights under the equal
protection clause.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/022880p.pdf

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U.S. 10th Circuit Court of Appeals
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BRANUM v. BARNHART (09/28/04 - No. 03-7105)
Plaintiff unsuccessfully appeals the Social Security Administration's
denial of her application for Supplemental Security Income payments on
ground that it is not supported by substantial evidence in the record.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/10th/03-7105.html

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U.S. 11th Circuit Court of Appeals
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US STEEL MINING CO. v. DIRECTOR, OWCP (09/28/04 - No. 03-13526)
Award of black lung benefits under the Black Lung Benefits Act is
affirmed over plaintiff-employer's challenges that the wrong legal
standard was used in evaluating the victim's condition and that the
Administrative Law Judge reached the wrong decision on the merits.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/11th/0313526p.pdf

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California Appellate Districts
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CALIFORNIA FEHC v. GEMINI ALUMINUM CORP. (09/29/04 - No. B165771)
In an employment discrimination suit, judgment for defendant-employer
is reversed where it discriminated against plaintiff by failing to
accommodate his religious beliefs, and retaliated against him for
protesting the discrimination.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b165771.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b165771.pdf

LANDIS v. PINKERTONS, INC. (09/29/04 - No. B163016)
In a wrongful termination action, an arbitration award in favor of
plaintiff is affirmed where plaintiff's failure to follow the proper
procedure in obtaining confirmation of the award was not prejudicial.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b163016.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b163016.pdf

8th Circuit Intraclip

2004-10-02T11:23:00.000-05:00

Williams v. Minnesota Dept. of Corrections
2004 WL 2190918 (Not selected for publication in the Federal Reporter) (8th Cir. Minn.) Sep 30, 2004) (NO. 04-1733)
Appeal from the United States District Court for the District of Minnesota. Before MELLOY, LAY, and COLLOTON, Circuit Judges. [UNPUBLISHED] PER CURIAM. *1 (Cite as: 2004 WL 2190918, *1 (8th Cir.(Minn.))) Donald Williams filed a petition under ...

You can use the Westlaw cite or contact the library to have the case printed from the 8th Circuit website.

New U.S. Code version at LII

2004-10-01T08:54:00.000-05:00

If you have used the U.S. Code at the website of the Legal Information Institute of Cornell Law School you will probably like the newer functionality. Their version is generated from the most recent official version made available by the US House of Representatives.