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Opinion Digests

Criminal – Defendant's Physical & Mental Condition – Fraudulent Loans – False Statements – Exculpatory No (access required)

Although defendant, who had been charged with bank and income tax fraud, claimed that his emotional depression and heart condition prevented him from assisting in his defense and from standing trial, the trial court did not abuse its discretion in ...

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Civil Rights – Search & Seizure – False Arrest – Probable Cause – Failure To Appear – Parking Ticket (access required)

Where plaintiff, whose daughter had received a crude, handwritten summons placed on plaintiff’s car when the daughter parked it illegally at the county public services building, failed to appear in court to answer the parking ticket, and plaintiff was then ...

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Labor – Arbitration Award – Elimination Of Cabooses – End-Of-Train Device (access required)

Where the railroad has appealed the district court’s affirmance of an arbitration award that requires the railroad to provide end-of-train devices on certain of its cabooseless trains, the award for the union is upheld. The railroad asserts that the district ...

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Administrative – Medicare Reimbursement – Investment Income Offset (access required)

In this Medicare reimbursement dispute, where the Secretary of Health and Human Services required that appellant hospital’s reimbursable interest expense be offset by the investment income earned on the hospital’s funded depreciation account, the Secretary’s decision is supported by substantial ...

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Civil Rights – Police Promise To Hold Boyfriend – Children's Death In Fire – Qualified Immunity (access required)

Where plaintiff alleges that after defendant police officer arrested plaintiff’s former boyfriend for breaking and entering her home and threatening to kill her and her children, the officer assured plaintiff that it would be safe for her to return to ...

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Administrative – Labor – OSHA – Administrative Subpoena – Counsel Disqualification (access required)

Although Coast Guard regulations generally govern seaman working conditions, the applicability of those regulations does not preclude the Occupational Safety & Health Administration from issuing administrative subpoenas to a private inspection company to investigate a fatal accident aboard a private ...

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Employment – ERISA – Reduction In Retiree Medical Benefits (access required)

Although the cup manufacturing company retirees contend they had a vested right to receive lifetime medical benefits under the company health benefit plan, the company possessed a statutory right to amend or terminate the employee welfare benefit plan and the ...

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Civil Rights – Federal Election Campaign Act – Non-Resident Political Contributions – Standing (access required)

Where plaintiff Virginia residents contend their right to elect a U.S. Senator from Virginia has been debased and diluted because of political contributions from non-Virginia residents authorized by the Federal Election Campaign Act, 2 U.S.C. § § 431 et seq., ...

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Employment Discrimination – ADA – Loss Of Eye – Auto Mechanic – Constructive Discharge – Harassment (access required)

Although plaintiff, an auto mechanic who lost an eye in an accident, claims he was treated more harshly by his employer, in that he was disciplined more harshly, denied a leave and initially not supported in his effort to obtain ...

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