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Opinion Digests

Domestic Relations – Equitable Distribution – Bridal Rings (access required)

Where the trial court earlier indicated during equitable distribution proceedings that husband would be “given credit” for the bridal rings, but wife entered into a retainer agreement with her lawyer in which she conveyed her interest in the rings to ...

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Bankruptcy – Fraudulent Conveyance Suits – Jury Trial – Order Of Reference (access required)

Where the committee of unsecured creditors filed several actions to recover fraudulent conveyances and other claims against defendant officers, directors, insiders and shareholders of the several related entities which filed bankruptcy petitions, the defendants are entitled to a jury trial ...

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Civil Rights – Excessive Force – Qualified Immunity – Supervisory Liability (access required)

Where defendant police sergeant knew of at least three incidents in which defendant officer used excessive force which posed an unreasonable risk of harm to arrestees, evidence indicated that the sergeant responded to such complaints “callously and with apparent amusement,” ...

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Administrative – Immigration – Entry Without Inspection – Deportation Order – Collateral Estoppel (access required)

Where a federal district court in petitioner’s declaratory judgment action previously adjudicated the issue whether petitioner (who re-entered the U.S. after his visa expired by asserting that he was a U.S. citizen) had entered the country without inspection in violation ...

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Civil Rights – Tort/Negligence – Medical Malpractice – Handicapped – Anencephalic Infant – Patient-Dumping Statute (access required)

In this declaratory judgment by a hospital seeking to discontinue supportive respiratory therapy for an anencephalic infant, this court agrees with the district court that the Emergency Medical Treatment & Active Labor Act, 42 U.S.C. § 1395dd, requires the hospital ...

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Criminal – Physician's Illegal Prescriptions – Reputation Evidence – Reversal (access required)

Where defendant physician in this prosecution for illegally prescribing certain controlled substances had not placed his character or reputation at issue, but the district court nevertheless allowed the prosecution to inquire of a witness whether defendant had a reputation for ...

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Criminal – Sentencing Enhancement – Double- & Triple-Counting (access required)

Although defendant asserts that 8 U.S.C. § 1326(b), a statute which prohibits a deported alien from re-entering the country, constitutes a separate criminal offense under which he was convicted and that the district court engaged in erroneous “double” and “triple-counting” ...

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Administrative – Medicaid Regs – Appeals Delayed Processing (access required)

Where plaintiff Medicaid applicants contend in their civil rights action that defendant state Department of Medical Assistance has failed to provide them with federally required, prompt agency action on their appeals of local agency decisions relating to Medicaid assistance, plaintiffs ...

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