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Worker injured at company picnic can get comp 

By: Lawyers Weekly Staff
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
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Child conceived by in vitro fertilization can't inherit 

By: Lawyers Weekly Staff
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
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Plaintiff can't recover for lost chance of survival 

By: Lawyers Weekly Staff
Published: January 28, 2008

A wrongful death plaintiff can’t recover damages for medical malpractice that allegedly decreased a patient’s chance of survival by only 20 to 30 percent, a Maryland appeals court has ruled in affirming summary judgment.

The plaintiff’s wife died of uterine cancer. He sued his wife’s gynecologist and a radiologist for
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ERISA doesn't preempt unsafe workplace claim 

By: Lawyers Weekly Staff
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
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Arrest can't be based on transfer of unknown object 

By: Lawyers Weekly Staff
Published: January 28, 2008

A police officer who witnessed an individual transferring money to another for an unknown object lacked probable cause to make an arrest, the Pennsylvania Supreme Court has ruled.

An officer working in a high-crime neighborhood saw the defendant and another individual exchange money and transfer an unidentified object without seeing
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Flashlight search of exposed pocket upheld 

By: Lawyers Weekly Staff
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
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Speedy Trial Act doesn't allow prospective waiver 

By: Lawyers Weekly Staff
Published: January 28, 2008

Even thought a defendant changed counsel five times and at one point voluntarily waived his right to a speedy trial, his conviction must be vacated and his indictment dismissed for violation of the Speedy Trial Act, the 10th Circuit has ruled.

The defendant was indicted on gun and drug related
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Victim of identity theft can sue title company 

By: Lawyers Weekly Staff
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
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Drug raid statement is inadmissible 

By: Lawyers Weekly Staff
Published: January 28, 2008

Statements made to police during a drug raid must be suppressed because the officers failed to advise the suspect of her Miranda rights, the 10th Circuit has ruled.

Early in the morning state and federal officers raided a residence belonging to the defendant and her boyfriend. The defendant was dressed
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Civil rights plaintiff can't recover damages from American Airlines 

By: Lawyers Weekly Staff
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
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