Quantcast
Home / Opinion Digests (page 3522) /

Opinion Digests

Commercial – Mechanic's Lien – Open Account – Purchase Order As Contract (access required)

A lumber company did not meet the 90-day time limit for filing certain memoranda of mechanic’s liens because the company filed its memoranda based on its “open account” agreement with the contractor, not on the individual purchase orders submitted by ...

Read More »

Traffic Offenses – Enhanced Punishment – Admissibility Of Prior Conviction – 'Specific Recidivist' Statute (access required)

At the guilt phase of defendant’s trial on a charge that allows enhanced punishment for a traffic offense, the commonwealth may not introduce evidence of defendant’s prior conviction of driving after having been declared an habitual offender. The statutory enhancement ...

Read More »

Tort – Municipal – Immunity – Municipal Corporation – Tollway Authority (access required)

The Richmond Metropolitan Authority, a municipal corporation, is not immune from personal-injury suits for negligence committed in the operation of tollgates on its highways, and the court overrules the authority’s plea in bar to a suit alleging plaintiff was injured ...

Read More »

Worker's Comp – Occupational Disease – Heart Condition – Police Officer (access required)

Employer rebutted the presumption that claimant’s cardiac condition was an occupational disease from being a police officer because two doctors testified that claimant would have developed the condition regardless of his occupation. Claimant is a 57-year-old who has been employed ...

Read More »

Workers' Comp – Medical Services Payment – Physician's Billing Code (access required)

A deputy commissioner erred in awarding a physician full medical payments after finding that the physician had “upcoded,” i.e. billed for services using a medical code that reflected a more complex patient history, more severe medical problem, more lengthy and ...

Read More »

Search & Seizure – Investigative Stop – Train-Station Detention (access required)

A woman’s refusal to allow a search of a duffel bag, after she had consented to a search of her handbag and her person when she was detained at a train station, cannot be considered in determining whether there was ...

Read More »

Administrative – Black Lung Benefits – Presumptive Proof Employer's Rebuttal (access required)

A retired miner who spent 27 years working in coal mines has established his presumptive entitlement to black lung benefits under federal regulations, and the employer’s medical evidence has failed to rebut that presumption. A retired coal miner petitions for ...

Read More »

Bankruptcy – Divorce – Attorney's Fees – Ch. 7 Discharge (access required)

A husband cannot discharge in a chapter 7 proceeding sums he was ordered to pay by a divorce court, $5,500 for wife’s attorney’s fees and a $4,000 commissioner’s fee. The Bankruptcy Court undertook to weigh the circumstances surrounding the assignment ...

Read More »

Criminal – Jury Instruction – Elements Of Crime – Credit Union Robbery – Harmless Error Standard (access required)

A defendant’s convictions on charges of armed robbery of a credit union and use of a firearm are reversed because the District Court erred in conclusively instructing the jury that the institution was a “credit union” within the statute, 18 ...

Read More »