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Law Digest: October 25, 2010

MARYLAND COURT OF APPEALS

Torts, Qualified immunity: Qualified immunity does not extend to an officer who was not “in pursuit” when his car struck another vehicle, injuring plaintiffs. Schreyer v. Chaplain, No. 121 Sept. Term, 2008.

COURT OF SPECIAL APPEALS

Administrative Law, Judicial review: Petition for judicial review was dismissed as untimely because it was filed beyond the statutory 30-day filing period. S.B. v. Anne Arundel County Department of Social Services, No. 25 Sept. Term 2009.

Civil Procedure, Personal jurisdiction: Where Maryland appellant regularly communicated and met personally with individuals in Louisiana regarding their mutual business, which is the subject of this litigation, a Louisiana court may exercise personal jurisdiction over the appellant. Lieberman v. Mayavision, No. 2754, Sept. Term, 2008.

Evidence, Wiretap Act: The court did not err in denying defendant’s motion to suppress because his statements were obtained in accordance with the Maryland Wiretap Act and he had been advised of his Miranda rights. Pryor v. State, No. 0118, Sept. Term, 2009.

U.S. 4TH CIRCUIT COURT OF APPEALS

Civil Rights, Excessive force: A Maryland deputy who injured a man in effecting his arrest has qualified immunity from the man’s suit under 42 U.S.C. § 1983 but not under state law. Henry v. Purnell, No. 08-7433.

Criminal procedure, Forcible medication: Prosecutors failed to show special circumstances that would warrant forcible medication of a defendant who suffers from a delusional disorder and had been determined to be incompetent to stand trial. U.S. v. White, No. 09-7933.

Criminal Procedure, Sentence enhancement: Because of his prior convictions in North Carolina for taking indecent liberties with a child, defendant’s sentence for firearm possession can be enhanced under the Armed Career Criminal Act. U.S. v. Vann, No. 09-4298.

Intellectual Property, Copyrighted furniture design: Where furniture designs were conceptually separable from their utilitarian aspects and sufficiently original to support plaintiff’s copyrights, an award was upheld against the “knock-off” furniture company that copied the designs. Universal Furniture Int’l Inc. v. Collezione Europa USA Inc. Nos. 07-2180 and 09-1437.