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Opinion Digests

Employment Discrimination – Age – Insurance Claims Representative (access required)

An insurance claims representative has not proven her age discrimination claim under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., because the younger woman who remained after plaintiff was terminated had a property and casualty insurance ...

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Criminal – Ineffective Assistance – Conflict Of Interest – Conspiracy Co-Defendants (access required)

A lawyer who represents two co-defendants charged with conspiracy must withdraw from representation of one of those co-defendants. The defendants have acknowledged the risks involved in multiple representation. The lawyer has indicated that he would withdraw immediately if he saw ...

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Bankruptcy (access required)

Divorcee’s Entireties Exemption A woman who filed for bankruptcy while her divorce was pending and who, under the final divorce decree, became fee simple owner of real property the couple had owned together lost her exemption under 11 U.S.C. § ...

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Employment Discrimination – Age – Quarry Superintendent (access required)

A 64-year-old quarry superintendent has failed to prove he was terminated in violation of the Age Discrimination in Employment Act, 28 U.S.C. § 621, in the face of the employer’s evidence of numerous complaints from other employees that he was ...

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Bankruptcy – Dischargeability Of Debt – Untimely Complaints (access required)

A bankruptcy court clerk’s calls to a lawyer to inform him of his omission of a cover sheet and insufficient payment of filing fees on his complaints were merely a courtesy to counsel, and the lawyer may not claim that ...

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Criminal – Habeas Corpus – Capital Murder – Ineffective Assistance (access required)

Although the capital murder defendant claims that his trial counsel was constitutionally ineffective in that he did not object to a jury instruction that erroneously used abduction with intent to defile as a predicate offense for capital murder, defendant has ...

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Domestic Relations – Equitable Distribution – Property Classification – Corporate & Marital Assets (access required)

The trial court erred in making an equitable distribution without adequately segregating the parties’ corporate assets and liabilities from marital assets and liabilities, and the award is reversed. The court’s failure to differentiate between marital and non-marital assets led to ...

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Domestic Relations – Attorney's Fees – Increase Above Commissioner Report (access required)

Although the commissioner only recommended $750 in attorney’s fees for wife, the trial court did not err in awarding wife $2,000 in attorney’s fees; the trial court does not delegate to the commissioner its judicial functions or its duty to ...

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