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Opinion Digests

Labor – Union Election – Voided Ballots – Injunction (access required)

Where the union’s general executive board has called for a local’s election to be conducted a second time because of confusing mail ballot requirements and a consequent voiding of 22 percent of the ballots received, the district court does not ...

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Commercial – Attorneys – Fair Debt Collection Act – Volume Of Practice (access required)

A law firm’s efforts to collect unpaid homeowners’ association fees are not subject to the Fair Debt Collections Practices Act, 15 U.S.C. § 1692, where debt collection constituted only about 1 percent of the firm’s practice. The Act defines “debt ...

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Employment Discrimination – Police Officer – Retaliatory Transfer (access required)

A Norfolk police officer wins his § 1983 suit claiming the police department retaliated against him for filing EEOC complaints by refusing to transfer him to the detective division in accordance with departmental policy, and the court awards the officer ...

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Employment Discrimination – Age – Insurance Agency (access required)

Although the 56-year-old plaintiff alleges that defendant insurance company encouraged a younger employee to obtain a property and casualty insurance license two months before a reduction in force, but told plaintiff she did not need such a license, and plaintiff ...

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Jury & Jurors – Premature Deliberations – No Mistrial (access required)

Although a note from the jury in this personal injury case indicated that the jury had ignored the trial judge’s repeated warnings not to discuss the case prior to receiving the court’s instructions and hearing final argument, the trial court ...

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Tort – Defamation – Sexual Harassment Accusation – Punitive Damages (access required)

A prison personnel supervisor’s memorandum to the prison warden, in which she alluded to her prior personal relationship with him and accused him of sending her “derogatory notes” on her job performance and lowering her performance evaluation after she refused ...

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Medical Malpractice – Accrual Date – CT Scan Of Cyst – Later Malignancy (access required)

A plaintiff’s medical malpractice action accrued when she developed pancreatic cancer from the benign cyst that defendant radiologist failed to detect from a 1988 CT scan, and not, as the radiologist argued, within five weeks after the scan when surgery ...

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