Archive for December, 2005

Minnesota Supreme Court expands damages available for negligent infliction of emotional distress


Link to case: Engler v. Ill. Farmers Ins. Co.
The plaintiff, Engler, was the mother of a child who was struck by a passing motorist who lost control of her vehicle. His mother was standing nearby. Weeks after the incident, she sought medical treatment for various symptoms. “She was irritable, did not want to get out [...]

CNN: “Judge rules against ‘intelligent design’ in science class”


Link to article.
The Dover Area School District in Pennsylvania had sought to become the first to require science teachers to teach Intelligent Design (”ID”) alongside the theory of evolution in science class. According to the article, “Intelligent design claims the complexity of some systems of nature cannot be explained by evolution but must be attributed [...]

Star Tribune: “ACLU suit challenges ‘photo cop’ law”


Link to article.
From the article:
The American Civil Liberties Union of Minnesota has challenged the constitutionality of [the Minneapolis] “stop on red” ordinance, which uses cameras to capture drivers running red lights.
Howard Bass, one of the attorneys filing a motion on behalf of a person who was ticketed, said the problem with the ordinance is that [...]

CNET: Does a secret law require ID for air travel?


Link to article.
The U.S. Attorney General apparently claimed to the 9th Circuit U.S. Court of Appeals that a “secret law” of some sort requires air travelers to show identification before they can fly. Although admitting the peculiarity of the claim, the A.G. claimed it can show the law to the court under seal to the [...]

Breitbart.com/AP: “Supreme Court to Review Insanity Defense”


Link to article.
From the article:
The Supreme Court agreed Monday to consider whether a teen convicted of killing an Arizona police officer had a fair chance to argue that he was insane, renewing debate about insanity defenses. Justices over the past decade have repeatedly declined to consider cases involving insanity claims.
. . .
There was evidence that [...]

Star Tribune: “Court limits cause for police searches”


Link to article. Link to case: Minnesota v. Burbach.
As the Star Tribune summarized the decision, “[a]n agitated, suspicious driver and a drunken passenger did not justify a vehicle search by police . . .”
The defendant, Peggy Louise Burbach, was pulled over for speeding in Winona. Burbach’s name and license plate number was on a police [...]

USA Today: “High-tech ‘repo man’ keeps car payments coming”


Link to article.
Some high-risk auto dealerships are turning to a device that disables the ignition if car payments are not made. The shut-off happens at 4 a.m., when cars are most likely parked, and it will not shut off a running motor. Still, Ken McEldowney, executive director of Consumer Action, a national non-profit group based [...]