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Ship cabin subject to suspicionless search 

Published: June 2, 2010
Tags: Fourth Amendment, search and seizure

Federal customs agents didn’t need reasonable suspicion to search a crew member’s cabin on a foreign cargo vessel, the 11th Circuit has ruled in affirming a child pornography conviction.

Med-mal damages cap violates state constitution 

Published: February 8, 2010
Tags: medical malpractice, non-economic damages, separation of powers

A cap on non-economic damages in medical malpractice cases violates the state constitution, the Illinois Supreme Court has ruled.

Worker injured at company picnic can get comp 

Published: January 28, 2008

An employee injured at a company picnic was entitled to workers’ compensation benefits, the Montana Supreme Court has ruled.

The company’s owner hosted an annual picnic at his lakeside home. He included notices of the event in employees’ pay stubs. He and the company paid for all food and supplies for the event and rented “wave [...]

Child conceived by in vitro fertilization can't inherit 

Published: January 28, 2008

A child born from an embryo implanted in a mother's womb after the father's death cannot inherit as a surviving child of the father, the Arkansas Supreme Court has ruled in answering a certified question from a U.S. District Court.

Although the embryo was created through in vitro fertilization during the parents' marriage, it was not [...]

Can 'light' cigarette smokers sue under state law≠ 

Published: January 28, 2008

Does federal law preempt “light” cigarette smokers’ label-related deceptive marketing claims against tobacco companies that were brought under state law≠

The U.S. Supreme Court has agreed to review a 1st Circuit decision on this issue.

In that case, three long-time smokers filed a class action against Philip Morris, alleging the company violated Maine’s unfair trade practices law [...]

ERISA doesn't preempt unsafe workplace claim 

Published: January 28, 2008

A state law claim alleging that an employer was negligent for failing to maintain a safe work environment isn’t preempted by ERISA, even though the plaintiff signed an agreement providing that her employee benefit plan would provide the exclusive avenue of relief for on-the-job injuries, the 5th Circuit has ruled in reversing a dismissal.

The plaintiff’s [...]

Flashlight search of exposed pocket upheld 

Published: January 28, 2008

A police officer’s use of a flashlight to illuminate marijuana that would have been observable in a defendant’s pocket during daylight didn’t violate his constitutional rights, the Virginia Court of Appeals has ruled.

The officer approached the defendant at around 8 p.m. in a poorly lit parking lot in a high crime area. When the officer [...]

'Miranda' warning not required in domestic abuse investigation 

Published: January 28, 2008

Police officers were not constitutionally required to issue a Miranda warning to an assault suspect when they entered his home to investigate a report of domestic abuse, the Oregon Supreme Court has ruled in affirming a trial court.

A pizza delivery man told police that he had made a delivery to a mobile home and that [...]

Victim of identity theft can sue title company 

Published: January 28, 2008

A victim of identity theft can sue a title company for failing to confirm her identity before encumbering her property in connection with a fraudulent loan transaction without her knowledge, the Arizona Court of Appeals has ruled in reversing a summary judgment.

A deed of trust was executed against the victim’s property in favor of a [...]

Civil rights plaintiff can't recover damages from American Airlines 

Published: January 28, 2008

An airline passenger can’t recover damages for a claim that his civil rights were violated when he was removed from a flight after being mistaken for a person of Middle Eastern descent and a potential security threat, the 1st Circuit has ruled.
The decision vacates a $400,000 jury award. (See “American Airlines hit with racial profiling [...]