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Opinion Digests

Administrative – Municipal – Public Procurement Act – Waiver Of Bid Requirement (access required)

A city’s contract award is reversed because the city’s initial Invitation For Bid for construction of a “hypolimnetic aeration system” required all applicants to “include submittals on in-lake piping” with their bids, but the city later waived this requirement and ...

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Domestic Relations – Foreign Support Decree – UIFSA Unconstitutional (access required)

A provision of the Uniform Interstate Family Support Act is declared unconstitutional to the extent that its application prevents a party subject to the statute from raising any questions of modification which could have been presented to the courts of ...

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Domestic Relations – Equitable Distribution – Marital Home Appreciation – Husband's Contribution (access required)

A home owned by wife before the marriage remains the wife’s separate property, but a portion of the increase in the equity of the home is awarded to the husband. First, the court concludes that the husband’s personal efforts contributed ...

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Workers' Comp – Selective Employment – Circus Aerialist (access required)

The claimant, a circus aerialist who injured her hip and wrist in a 1990 fall, was justified in refusing selective employment as a circus seamstress because medical evidence indicated the position did not necessarily allow for frequent changes in position. ...

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Attorneys – Fees – Adoption (access required)

A lawyer who represents a birth mother is not prohibited from assisting that birth mother in locating prospective adoptive families, but the lawyer may not charge for non-legal services. The lawyer may only charge the usual and customary fees for ...

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Civil Rights – First Amendment – Public Employee Discharge – 11th Amendment Immunity (access required)

A county health department sanitarian, fired because of his alleged improper sexual remarks to two women whose facilities allegedly had sanitary code violations, has his First Amendment suit reinstated so that the district court may reconsider whether 11th Amendment immunity ...

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