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Opinion Digests

Workers' Comp – Occupational Disease – Repetitive Trauma – Finger Cyst (access required)

A claimant who worked on the production line at a Wrangler’s jean factory is not entitled to workers’ compensation for a cyst on her index finger; claimant’s physician offered contradictory opinions as to whether she suffered from a “disease,” and ...

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Correction (access required)

In the issue of June 26, 1995, the case of Davis v. Hamilton was incorrectly cited as VLW 095-8-213. The Davis case is VLW 095-8-222. The case of Lovelace v. Urbano is VLW 095-8-213.

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Attorneys – Tort – Legal Malpractice – Late Appeal (access required)

A lawyer sued for legal malpractice wins summary judgment in a case alleging an untimely criminal appeal. The former criminal client contends his trial counsel failed to timely appeal the trial court’s decision refusing the defendant’s proffered alibi instruction in ...

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Tort – Interference With Contract – Conspiracy (access required)

In this suit alleging defamation, civil conspiracy and tortious interference with plaintiff’s real estate business, the doctrine of corporate immunity does not require dismissal of the civil conspiracy charge. “Where a corporate officer acts in his corporate capacity and such ...

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Domestic Relations – Mortgage Arrearage – Wife's Bankruptcy Discharge (access required)

A wife has discharged in bankruptcy her obligation under a property settlement agreement to pay any mortgage arrearage on the marital home prior to her transfer of her interest to the husband. Husband argues that wife cannot avoid her obligation ...

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Search & Seizure – Auto Stop – Passenger's Outstanding Warrants – Demand For Driver's License (access required)

When police stopped defendant’s car because they knew there were outstanding warrants on a passenger, the police also were authorized to request defendant’s driver’s license, and the court denies defendant’s motion to suppress evidence of his license suspension and the ...

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Workers' Comp – Injury By Accident – Inhalation Of Vinegar Fumes (access required)

A lift-truck operator who suffered an attack of bronchitis after he inhaled vinegar fumes when he passed through a company “filter room” suffered an “injury by accident” and is entitled to benefits. The claimant chose to pursue his remedy on ...

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