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Opinion Digests

Administrative – Black Lung Benefits – Presumptive Proof Employer's Rebuttal (access required)

A retired miner who spent 27 years working in coal mines has established his presumptive entitlement to black lung benefits under federal regulations, and the employer’s medical evidence has failed to rebut that presumption. A retired coal miner petitions for ...

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Bankruptcy – Divorce – Attorney's Fees – Ch. 7 Discharge (access required)

A husband cannot discharge in a chapter 7 proceeding sums he was ordered to pay by a divorce court, $5,500 for wife’s attorney’s fees and a $4,000 commissioner’s fee. The Bankruptcy Court undertook to weigh the circumstances surrounding the assignment ...

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Criminal – Jury Instruction – Elements Of Crime – Credit Union Robbery – Harmless Error Standard (access required)

A defendant’s convictions on charges of armed robbery of a credit union and use of a firearm are reversed because the District Court erred in conclusively instructing the jury that the institution was a “credit union” within the statute, 18 ...

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Corporate (access required)

Condo Conversion Plan- Interested Transaction Defendant directors who voted for the coop apartment building to convert to condominiums did not participate in an “interested transaction” under Delaware corporation law, and the defendants’ valuation of the non-participating share at the “coop” ...

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Property – Taking – Fifth Amendment – Cash Proffers For Rezoning Applications (access required)

A county’s “cash proffer policy” that requires developers to pay cash in exchange for favorable action on residential rezoning applications is not facially unconstitutional as a taking without just compensation in violation of the Fifth Amendment to the U.S. Constitution. ...

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Products Liability – Burglary-Resistant Safe – Industry Standard – Stolen Coins – Economic Loss Rule (access required)

A man whose coin collection was stolen when a thief used a 12-inch crowbar to crack a “Sentry Supreme” safe that the collector bought after seeing an advertisement in a coin magazine wins his products-liability case against the manufacturer of ...

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Bankruptcy – Dischargeability Of Debt – Exemption – Breach Of Settlement Agreement – Collateral Estoppel (access required)

A debtor may not discharge in bankruptcy a state court judgment won by the debtor’s former employer in litigation involving breach of an agreement in which the parties had attempted to resolve a dispute over a non-compete covenant. Debtor executed ...

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