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McPhillips Legal Research: Research and Writing Services for Attorneys-Newsletter

Spring, 2004

Articles in this issue:

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).

A Note from Ed McPhillips

Hello Catherine Claire McPhillips

Gratuitous
Lawyer Joke

Q: What's the difference between a good lawyer and a great lawyer?

A: A good lawyer knows the law. A great lawyer knows the judge.

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. Both mother and child are doing well, and, so far, I have avoided having to take open-mouthed naps at my desk. But if you call me over the next few months, and I, by chance, have trouble remembering what day it is or slur my words, I won't be drunk, but I might be sleepier than a pro wrestling fan at a poetry reading.

Baby Claire weighed 8 lbs., 14 oz. on the date of her birth and has much more hair than her father. She has now added her screams to those of her three older siblings, so the McPhillips household might be described as downright cacophonous at times. Chaos may be the norm for us, but, as long as it is the chaos one expects under such circumstances, it is quite manageable. Despite the seeming pitfalls of all of life's craziness, my wife and I have been truly blessed.

I now have four baby birds to put through school over the next 25 years. So, if any of you want to hire me to research all 50 states regarding the precise definition of jaywalking, or, perhaps, the tortured history of the laws prohibiting people from spitting on the sidewalk, I am game. In any event, it appears that I will not be retiring any time soon.