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Opinion Digests

Possible Spoliation Sanction for Prison Officials (access required)

Defendant prison officials who destroyed surveillance video footage of a fight that occurred between an inmate and plaintiff inmate, who claims defendants violated his Eighth Amendment rights when they failed to intervene, should be subjected to sanctions for spoliation, a ...

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Court Dismisses Homeless Alcoholics’ Suit (access required)

A Roanoke U.S. District Court dismisses plaintiffs homeless alcoholics’ suit alleging defendant Virginia state prosecutors are violating their constitutional rights by enforcing Virginia’s Interdiction Statute to allow courts to enter orders declaring plaintiffs to be “habitual drunkards” and prohibiting the ...

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Drug Company Wins Treble Damages for False Ad Claim (access required)

A pharmaceutical company that began marketing a product, Me-PB-Hyos, as a generic substitute for plaintiff company’s Donnatal – a combination phenobarbital and belladonna alkaloid used to treat irritable bowel syndrome and acute enterocolitis – without ever making firm plans to ...

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Disability Benefits Ended Without Claimant Exam (access required)

Although claimant had been receiving long-term disability benefits and life-insurance premium waiver benefits under his employer’s ERISA plan, he still had the burden to prove his continuing disability from his spinal ailments; the Lynchburg U.S. District Court upholds the termination ...

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