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Opinion Digests

Environmental – CERCLA – Sewer Operator – Dry Cleaners (access required)

A sewer operator violated CERCLA and committed common-law negligence in allowing a dry-cleaning contaminant to leak into an adjacent landowner’s groundwater. Plaintiff developer owns property with groundwater that is contaminated by tetrachloroethylene (also known as perchloroethylene, perc, or PCE), a ...

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Products Liability – Asbestos Exposure – Contributory Negligence – Cigarette Smokers (access required)

Two plaintiffs in a products liability suit are entitled to summary judgment against an asbestos manufacturer even though neither plaintiff personally identified the manufacturer’s specific product as one they were exposed to during their 20-year history of asbestos exposure, but ...

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Criminal – Sentencing – Armed Career Criminal – Predicate Conviction – Felony Escape (access required)

A defendant’s rape sentence is enhanced under the Armed Career Criminal Act; the District Court properly counted a prior conviction for felony escape despite defendant’s argument that such escapes typically occur by stealth and are not inherently violent. Prior to ...

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Search & Seizure – Cash – Gun – Use Of Cellular Telephones (access required)

Although a university police officer thought defendants did not “fit in” at a campus function and heard them speak on a cellular telephone about “delivering,” and another officer saw defendants’ Mercedes parked in a high drug-trafficking area, an officer’s later ...

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Bankruptcy – Plan Confirmation – IRS Objection – 'Cram Down' (access required)

The Bankruptcy Court erred in confirming a chapter 11 plan that failed to retain a lien by the Internal Revenue Service for back income taxes and penalties. The IRS maintains that confirmation of the plan was erroneous because the plan ...

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Civil Rights – ADA – HIV Infection – Denial Of Medical Care – Injunctive Relief – Standing (access required)

A plaintiff lacks standing to sue a surgeon under the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq., because the surgery that defendant allegedly denied her already has been performed by another surgeon. Plaintiff’s allegations of past discrimination ...

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Civil Practice – Discovery – Expert Witness – Written Report (access required)

A plaintiff’s treating physicians may testify on causation and on the patient’s prognosis during treatment without preparing written reports under Fed. R. Civ. P. 26(a)(2)(B), but if the patient has been referred to a health care provider by plaintiff’s counsel, ...

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Bankruptcy – Jurisdiction – State Law Questions – Debtor's Post-Plan Action (access required)

The Bankruptcy Court does not have subject matter jurisdiction to hear a debtor’s post-petition action to recover a utility deposit, based on state-law questions and filed after debtor’s chapter 11 plan was confirmed and a final decree ended the bankruptcy ...

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