Volume 15, Number 3 · July 2005

Brief Notes

Here are some recent laws and court decisions to ponder.

1. A federal court in Pennsylvania recently decided against Boyd's Bears that clothing on its Bears does not merit copyright protection.

2. The Pennsylvania Superior Court ruled in Commonwealth v. Gosseling that a family in Pennsylvania may keep a family pet grey squirrel born in South Carolina.

3. The Pennsylvania Supreme Court ruled in Morningstar v. Halett that an 11-year-old horse bought "as is" did come with a guarantee that the horse was 11 years old and not older.

4. The Pennsylvania Supreme Court ruled in Commonwealth v. Noel that driving a horse while under the influence of alcohol was not a criminal offense under the Motor Vehicle Code.

5. The Court in Armstrong County held that a minor injured on a dirt bike track who lied about his age may sue the race track owner as the owner had a duty to verify age.

6. In Emerich v. Commonwealth of Pennsylvania a Lebanon County resident reported to his doctor that he drank a 6 pack a day and the man had his driver's license suspended because his doctor reported it to the state police.

7. The Armstrong County Court of Common Pleas has held that a property owner in a rural setting may be liable for a tree falling on the highway.

8. The Pennsylvania Commonwealth Court held in Nelson v. State Board of Veterinarian Medicine that a Veterinarian's rude conduct towards an animal's owner did not constitute professional incompetence.

9. The Pennsylvania Superior Court ruled in In Re: M.H.P. that a paintball gun was a weapon for purposes of restrictions on possession of weapons on school property.

10. The Erie County Court awarded custody of triplets to the surrogate mother over the biological parents.

11. In Commonwealth v. James, the Superior Court held that an attempt to drive a car off a tow truck was driving for purposes of driving under the influence.

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