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Opinion Digests

Civil Rights – Attorney's Fees – Prevailing Party – Catalyst Theory (access required)

Where the district court awarded plaintiff attorney’s fees under 42 U.S.C. § 1983, despite his having lost his suit to enforce an earlier civil rights settlement with the city, on the ground that his enforcement suit was a “catalyst” for ...

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Criminal – Substitution Of Counsel – Timely Pre-trial Request (access required)

Where defendant, one month before her drug trial, requested that the trial court dismiss the lawyer her family had retained and appoint substitute counsel for her, the trial court abused its discretion in refusing to appoint new counsel for defendant ...

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Securities – Commodity Futures Trading Commission – Unauthorized Trading (access required)

Although petitioner, a former professional commodity futures trader, claims that in making certain trades for a client savings and loan he was simply carrying out the instructions of the S&L’s controller who he contends was authorized by the S&L’s board ...

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Commercial – Hospital Privileges – Physician Peer Review Procedures – Statutory Immunity (access required)

Where plaintiff physician was denied staff privileges by defendant hospital after a peer review process that found deficiencies in medical record keeping, inappropriate use of antibiotics and plaintiff’s unavailability to nurses at medically necessary meetings, the defendants are immune from ...

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Banks and Banking – Statute Of Limitations – Equitable Tolling (access required)

Where the RTC brings an action against former directors of the bank for which the RTC is the receiver based on claims of improper lending to a borrower who allegedly defaulted on its loans almost four years before the RTC ...

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Securities – Bank Merger – False Statements In Prospectus – Investor's Lost Dividend (access required)

Where plaintiff investor, who purchased shares of a Virginia holding company shortly after an announcement that the Virginia company would merge with a North Carolina holding company, contends that these companies violated federal securities laws by making false statements in ...

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Search & Seizure – Search Incident To Arrest – Defendant's Property Detained – Continued Investigation (access required)

Where the police, pursuant to a lawful arrest of defendant at the airport, retained the suitcase defendant was suspected of stealing for a period of nearly 48 hours, and later searched it under authority of a search warrant procured after ...

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Employment – ERISA – Retirees' Health Insurance Premiums (access required)

Although plaintiff bank retirees contend that they relied on the bank’s assertion that the bank would pay their lifetime health insurance premiums for them and their dependents, these benefits were not vested “pension” benefits but were “welfare” benefits which the ...

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