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Opinion Digests

Negligence – Auto Accident – Excessive Jury Verdict – Facial Scar (access required)

Although the nine-year-old plaintiff’s medical expenses for a cut on his forehead were only $1,589.25, the trial court declines to set aside as excessive the jury verdict of $50,000 for plaintiff. The evidence established that the resulting scar cannot be ...

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Workers' Comp – Occupational Disease – Carpal Tunnel – Tenosynovitis (access required)

Where claimant’s treating physician describes his tenosynovitis and carpal tunnel syndrome as “due to occupational disease problems” and “occupational disease related,” and there is no contradictory evidence, we find that the claimant’s tenosynovitis and carpal tunnel syndrome are diseases. We ...

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Commercial – ECOA – Guarantee – Good-Faith Duty (access required)

Where the bank learned during loan negotiations that a number of assets the borrower listed in his personal financial statement in fact were jointly owned with his wife, the bank’s requirement that the wife also execute a personal guarantee of ...

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Civil Rights – Constitutional – Md. Charitable Solicitation Act – Sliding-Scale Fee (access required)

Where a Maryland statute, Md. Code Ann. Art. 41, § 3-202(g), requires each non-exempt charity seeking to solicit in Maryland to pay a sliding-scale fee based on that charity’s nationwide level of public contributions, the statute passes constitutional muster, and ...

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Criminal – Sentencing Enhancement – Death Resulting From Drug Distribution (access required)

Where two co-defendants pled guilty to charges arising from the death of one defendant’s minor girlfriend from an overdose of drugs supplied by the first co-defendant, the district court did not err in applying a “preponderance of the evidence” standard ...

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Jury & Jurors – Racial Bias – Single Parent Status – Insurance Fraud Case (access required)

Although plaintiff insurance company struck the only African-American juror in this insurance fraud case, the district court did not err in accepting as race-neutral company counsel’s proffered reason that the juror was a single parent, as was the insured in ...

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Commercial – Partnership Note – Non-Recourse Provision – Mutual Mistake – Negotiable Instrument (access required)

Where two general partners are defending against a bank’s effort to collect on a partnership note on the ground that the note inadvertently omitted a non-recourse provision, the partners may go forward with their contract defense of reformation because the ...

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Bankruptcy – Single-Asset Debtor – Relief From Automatic Stay (access required)

Where debtor, a Virginia general partnership that intended to develop property in Virginia Beach, owns only the raw land that it intends to liquidate, and the debtor has no equity in the property and no ongoing business, the bankruptcy court ...

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Negligence – Train Wreck – Track & Switching Equipment – Expert Opinion (access required)

Although plaintiffs, injured in a train derailment have advanced various theories about how defendants should have maintained their track, switch and signals, opinions offered by plaintiffs’ experts lack a factual basis, and two of plaintiff’s experts are not qualified to ...

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