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Opinion Digests

Contract – Public Utilities – Forced-Outage Days – Contract Payments (access required)

On reconsideration, the Circuit Court decides that, in ruling on a demurrer, the court prematurely interpreted elements of the parties’ contract, and the court now overrules defendant power company’s demurrer to plaintiff power producer’s suit alleging breach of contract. Plaintiff ...

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Contract – Illegal Contract – Stock Redemption Agreement – Fraud & Duress (access required)

An accountant’s alleged contract to accept $10,000 in a stock redemption agreement with his former accounting firm, in exchange for the firm’s agreement not to pursue embezzlement charges against him, is an illegal contract and the court will leave the ...

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Workers' Comp – Pre-Existing Condition – Marketing Residual Capacity (access required)

A man who has a pre-existing flatfoot deformity and degenerative changes in the foot has proved that his fall at work materially aggravated his pre-existing condition, and the claimant is entitled to benefits. The medical reports establish that the claimant ...

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Administrative – Black Lung Benefits – Simple Pneumoconiosis – Lung Cancer (access required)

A miner who suffered from “simple pneumoconiosis” but who also suffered from lung cancer that his physicians indicated was caused by cigarette smoking is not entitled to black lung benefits. Here, the physicians’ opinions that the miner’s pneumonectomy, or lung ...

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Civil Rights – First Amendment – Establishment Clause – Local Ordinance – Kosher Food (access required)

A Baltimore ordinance that prohibits the fraudulent sale of kosher food violates the Establishment Clause of the First Amendment because of its “excessive entanglement of civil and religious authority.” The Baltimore ordinance at issue, Baltimore, Md. City Code Art. 19, ...

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Social Security – Disability Onset – SSR 83-20 – Use Of Medical Advisor (access required)

The Administrative Law Judge erred in not using a “medical advisor” to determine the onset of claimant’s disability from a combination of diabetes, hypertension and glaucoma, where medical evidence indicates claimant was hospitalized for diabetic ketoacidosis in late 1989 and ...

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Labor – Bargaining Unit Determination – Quality Control Employees – Community Of Interest (access required)

Petitioner National Labor Relations Board is denied enforcement of a bargaining order against a packing company because the board’s exclusion of certain quality control employees from a production and maintenance bargaining unit both contravened its own standards and gave controlling ...

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Employment Discrimination – Retaliation – Title VII – Former Employee Not Protected (access required)

Title VII’s anti-retaliation provision, 42 U.S.C. § 2000e-3(a), does not extend to a former employee, and the en banc court dismisses plaintiff’s anti-retaliation suit against an oil company that allegedly provided “false information and negative job references” after plaintiff was ...

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Civil Rights – Racial Discrimination – Title VII – Notice To Employer (access required)

A black woman cannot sue for racial discrimination after she complained to her employer of low pay, workplace conflicts and “discrimination,” then stood by silently when the employer hired a law firm to investigate gender bias; the plaintiff did not ...

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