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Opinion Digests

Domestic Relations – Child Support – Imputed Income – Voluntary Underemployment – Forgery Conviction (access required)

A father whose employment options are reduced because of his recent felony conviction is deemed “voluntarily underemployed” because of the conviction and is not eligible for a reduction in his child support obligation. In 1993, the father was employed as ...

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Commercial – Joint Venture – Demand Note Payment (access required)

A joint venturer in the operation of a retirement home may not sue another joint venturer on a note on which they are jointly liable until the joint venture is terminated and a final accounting made. The precise issue raised ...

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Wills & Trusts – Law Firm's Duty – Suit By Beneficiary (access required)

A law firm advising the trustee of an estate in his individual capacity owes no fiduciary duty to beneficiaries of the estate, and the defendant law firm’s demurrer to this action by the plaintiff beneficiary is sustained on this basis. ...

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Workers' Comp – Arising Out Of – Truck Driver – Step Down From Truck (access required)

Claimant, a tractor-trailer driver, established a knee injury arising out of his employment where evidence indicated that he stepped down from a distance of a foot and one-half, a height that was higher than a normal step, and his knee ...

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Workers' Comp – Occupational Disease – Carpal Tunnel & Synovitis (access required)

Although claimant, who works on a production line placing rubber plugs into oval holes, has filed for benefits claiming carpal tunnel syndrome and synovitis/arthritis, she has failed to present medical evidence establishing that she suffers from a disease, nor has ...

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Criminal – Drug Conspiracy – Government Agents – Jury Instruction (access required)

Although the District Court offered a general instruction on the definition of criminal conspiracy, the court erred in failing to give defendant’s proffered instruction, which stated that if the jury found that two other named persons were government agents and ...

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