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Opinion Digests

Tort – Fraud – Medical Malpractice – Statute Of Limitations (access required)

Plaintiffs’ suit alleging fraud by a hospital that told plaintiffs the injuries suffered by their son were produced not by the hospital’s negligence but by an unknown third-party criminal agent, is not time-barred. The plaintiffs did not have the kind ...

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Search & Seizure – Auto Search – Reasonable Suspicion – Observation Of Defendant With Informant (access required)

Police acted on “reasonable suspicion” in stopping defendant’s car after observing defendant with a former confidential informant who told police prior to the stop that, when observed, she was attempting to trade a small gold ring for a rock of ...

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Worker's Comp – Occupational Disease – Heart Attack – Police Officer (access required)

Employer rebutted the presumption that claimant’s heart attack was related to his former job as a police officer where two doctors testified that factors other than work-related stress were the primary causes of the disease. Claimant was a 55-year-old who ...

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Corporate – Takeover Attempt – Defensive Measures – Va. Corporation Statutes (access required)

A variety of measures used by a Virginia corporation to defend against a takeover attempt, including removal of corporate officers, amending bylaws and adopting a “poison pill” shareholder rights plan, all were legal and the constitutionality of the Virginia statutes ...

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Criminal – Labor Strike – Mine Security – Damage To Commercial Vehicle (access required)

A striking mine worker who participated in an ambush of trucks that transported employees of an environmental-services company hired by the coal mine company was properly convicted of damaging a vehicle used in interstate commerce after an employee of the ...

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Bankruptcy – Plan Confirmation – Ch. 13 – 'Disposable Income' – IRAs (access required)

Funds invested in a debtor physician’s Individual Retirement Accounts are not “disposable income” under 11 U.S.C. § 1325(b)(2), and the Bankruptcy Court erred in refusing to confirm debtor’s chapter 13 plan because it failed to include as income projected distributions ...

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Medical Malpractice – EMTALA – Childbirth – 'Patient Dumping' – Transfer During Delivery (access required)

A woman who alleges that she was transferred from defendant hospital to another hospital during childbirth, and that she suffered “extensive vaginal laceration” and other complications due to her spontaneous delivery after transfer for a Cesarean section, may not now ...

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