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Opinion Digests

Criminal – Capital Murder – Double-Shooting – Identity Of Triggerman (access required)

The testimony of the surviving shooting victim recalling that the defendant was the last person holding the gun on him prior to his being shot helped identify the defendant as the triggerman and his convictions for shooting the surviving victim ...

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Jurisdiction – Amount In Controversy – Partial Summary Judgment – Supplemental Jurisdiction (access required)

A District Court that dismissed a claim on one of three promissory notes allegedly in default, thus bringing the plaintiff creditor’s “amount in controversy” under $50,000 need not automatically dismiss the creditor’s remaining claims on the two other promissory notes. ...

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Immigration – Illegal Re-Entry – Imprisonment – Equitable Estoppel (access required)

Although a Nigerian deported for illegal drug sales was told by the Immigration & Naturalization Service when he was deported that two years was the maximum prison sentence should he return to the United States, that INS statement does not ...

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Environmental – Impact Statement – Storage Of Nuclear Fuel Rods (access required)

A South Carolina District Court erred in enjoining the United States from honoring a commitment to store 409 spent nuclear fuel rods from European research reactors at a DOE site on the Savannah River; the court erred in concluding that ...

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Employment – Health Insurance – Carriers' Discounts – RICO Claim (access required)

Health-insurance policyholders may not pursue a RICO claim against a Virginia health insurance carrier that allegedly negotiated discounts with providers but failed to pass on the discounts to the policyholders; application of the McCarran-Ferguson Act, 15 U.S.C. § 1012(b) precludes ...

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Criminal – Forfeiture – Property Value – Standing (access required)

A claimant’s motion to set aside a consent decree of forfeiture of certain real estate is denied because the claimant has failed to show that the government acted improperly in selling the property, appraised at $295,000, for $292,000. Claimant presented ...

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