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United States: Privacy Lawsuit Against Google Street View Rejected

(Mar. 9, 2009) The U.S. District Court for the Western District of Pennsylvania has dismissed a complaint alleging that Google's Street View application invaded homeowners' privacy. In 2007, Google introduced its Street View application to its maps' features. Street View gives horizontal and panoramic ground level views from a point selected on Google's maps. Google […]

United States: Ohio Supreme Court Rules Electronic Filing Insufficient to Preserve Appeal

(Feb. 24, 2009) The Ohio Supreme Court has ruled that electronic filing of a notice of appeal is an insufficient method for filing an appeal, thus requiring dismissal of the appeal. Two plaintiffs in asbestos litigation in Ohio sought to appeal a trial court's summary judgment dismissal of their cases. The trial court handling the […]

United States: Oregon Supreme Court Interprets State Constitution’s Requirement for Adequate Funding of Public Education

(Feb. 24, 2009) The Oregon Supreme Court recently ruled that the Oregon Constitution mandates funding of public education sufficient to meet quality goals, but does not give the court authority to enforce this mandate. Several school districts and public school students sought a declaratory judgment that article VII, section 8, of the Oregon Constitution, passed […]

United States: Federal Civil Commitment to Extend Custody of “Sexually Dangerous” Prisoners Is Unconstitutional

(Jan. 26, 2009) The U.S. Court of Appeals for the Fourth Circuit ruled on January 8, 2009, that a law allowing federal authorities to keep “sexually dangerous” prisoners in custody after their sentences are completed exceeds Congress's constitutional authority. A provision in the Adam Walsh Child Protection and Safety Act of 2006 authorizes the Federal […]

United States: California Supreme Court Addresses Immunity of Good Samaritans for Injuries Suffered During Rescues

(Jan. 16, 2009) The California Supreme Court recently addressed when a “good Samaritan” rescuer is liable for injuries occurring during a rescue. The litigation arose from a car accident that occurred after some Halloween night partying in the early morning of November 1, 2004. The driver of the car in which the plaintiff, Alexandra Van […]

United States: Maryland High Court Rules Permitting Prosecution to Question Attorney-Client Communications Is Reversible Error

(Dec. 15, 2008) On November 12, 2008, the Maryland Court of Appeals held that a prosecutor's questioning a criminal defendant at trial regarding his communications with defense counsel is a reversible error. During the murder trial of Richard L. Blanks, in order to explain fingerprint and DNA evidence at the crime scene, Blanks claimed at […]

United States: California Holds that Evidence Obtained During an Illegal Traffic Stop Need Not Be Suppressed When an Outstanding Arrest Warrant Exists

(Dec. 15, 2008) On November 24, 2008, the California Supreme Court held that discovery of an outstanding arrest warrant during an illegal traffic stop could overcome illegal search and seizure concerns over evidence discovered during the stop. The case involved a 2001 traffic stop by a California sheriff's deputy who lacked legally sufficient cause for […]