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Opinion Digests

Workers' Comp – Toxic Exposure – Successor Carrier (access required)

The insurance carrier that provided coverage when claimant was first diagnosed in 1994 with chronic beryllium disease, after workplace exposure to beryllium powder from 1961 until 1973, is not the proper defendant in this case. The proper defendant carrier is ...

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Banks & Banking – D'Oench Doctrine – Claim For Services Rendered – Oral Agreement To Raise Money (access required)

A firm that helped a financially troubled bank raise $22 million from sale of the bank’s stock may try its claim for payment for its services against the successor Resolution Trust Corporation; the district court acted prematurely in deciding that ...

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Creditor's Rights – Garnishment – Arbitration – Va. Law (access required)

A materials supplier pursuing a garnishment proceeding against a builder who owed money to the judgment debtor, a drywall subcontractor, is not bound by a mandatory arbitration clause in the separate contract between the builder and the drywall sub. A ...

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Civil Rights – Zoning Inspector's Reassignment – Qualified Immunity (access required)

The former Zoning Commissioner of Baltimore County, Md., is entitled to qualified immunity from a zoning inspector’s civil rights suit alleging that the commissioner violated the inspector’s free speech rights when the commissioner reassigned the inspector to another district in ...

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Employment Discrimination – Sexual Harassment – Constructive Discharge – Supervisory Liability (access required)

A Virginia Beach hotel is liable in compensatory and punitive damages for the hotel general manager’s sexual harassment of the hotel’s personnel director because the hotel owners delegated complete operating authority to the general manager, and he used his authority ...

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Employment – Schools – Untenured College Professor – Procedural Protections (access required)

Where plaintiff college professor contends that defendants, senior faculty members at a business school, violated his First Amendment right to free speech by refusing to renew his yearly teaching contract because of his political views, and defamed him to hide ...

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Insurance – Homeowner Policy – Child Sexual Assault – Untimely Notice Of Claim (access required)

A plaintiff child who was sexually molested by a relative who was insured under a homeowner’s policy has standing to defend the insurance carrier’s declaratory judgment action; however, the homeowner’s policy does not cover the incident because the insureds breached ...

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