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Opinion Digests

Domestic Relations – Spousal Support – Adultery – Condonation (access required)

Although wife admitted to husband in 1988 that she had an adulterous affair in 1987, the husband’s resumption of cohabitation with wife supports a defense of condonation and the wife is not barred from receiving spousal support. Assuming that wife’s ...

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Civil Rights – Attorney's Fees – Handicapped Students – Catalyst Theory (access required)

Although plaintiff handicapped students’ lawsuit alleging that defendant North Carolina officials had violated the Education of the Handicapped Act, 20 U.S.C. § 1400 et seq., by refusing to authorize hearing officers to decide tuition reimbursement claims, may have acted as ...

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Securities – Securities Fraud – Misleading Statements (access required)

Where plaintiff stock purchasers allege in their class action suit that defendants made false and misleading statements about their computer networking product by 1) booking and reporting transactions as final sales even though the distributors to whom the products were ...

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Attorneys – Civil Practice – Sanctions – Failure To Return Calls (access required)

Where plaintiff, who initially filed her suit pro se, obtained an extension of time for her deposition in order to obtain counsel, then her counsel requested rescheduling of a deposition set for a mutually agreed upon date, which defense counsel ...

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Criminal – Venue – Perjury Committed Out-Of-State (access required)

Where defendant has been indicted for committing perjury during a deposition held in Florida pursuant to a proceeding pending in the Eastern District of Virginia, the district court concludes, based on the Sixth Amendment, the decisional law of this circuit ...

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Bankruptcy – Automatic Stay – Relief Denied – IRS Suit For Payroll Taxes (access required)

Although the Internal Revenue Service wanted the bankruptcy court’s automatic stay lifted so that it could prosecute debtor, a former vice-president of a mechanical contracting company, for delinquent employment taxes in the same trial in which the IRS was prosecuting ...

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