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Opinion Digests

Social Security – Pain Standard – Corroboration Of Pain – Effect On Daily Life (access required)

Although claimant contended she suffered disabling joint pain as well as headaches and pain from peptic ulcer and gastrointestinal disease, the Administrative Law Judge’s review of the impact this pain had on claimant’s daily life activities indicates the pain was ...

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Employment Discrimination – Title IX – Retaliation – College Counselor – Causation – 1991 Civil Rights Act (access required)

Where the trial court concluded, based on jury findings, that defendant college had discriminated against plaintiff in its consideration of her for the position of activities counselor, but that plaintiff would not have received the position even if the college ...

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Civil Rights – First Amendment – Adult Bookstore – Prior Restraint (access required)

Where a Prince George’s County, Md. ordinance prohibits adult bookstores from operating anywhere in the county unless they obtain a special exception from the District Council, with administrative review of any application to be completed within 150 days of application ...

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Environmental – Discharge Permit – Storm Water – Oil & Gas Construction (access required)

Where a group of oil and gas trade associations is challenging in federal court an Environmental Protection Agency internal memorandum that advised regional staff that a permit under the National Pollutant Discharge Elimination System is required for storm water discharges ...

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Evidence – Hearsay – Remedial Measures – Contract – Tunnel Ventilation System (access required)

In this dispute arising from contracts to construct a ventilation system for the Baltimore Harbor Tunnel, the court affirms the jury verdict in favor of the designer-supplier of the tunnel fans’ belt-driven power transmission drives on contract and negligence claims ...

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Employment – Contract – Time-Share Conversion Project – Wrongful Discharge (access required)

Where employee claims he was lured to become the project coordinator for employer’s time-share conversion project in Barbados through false representations regarding the likelihood of success, and employee claims that he was later fired from the job he was transferred ...

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Products Liability – Tricycle – Punitive Damages Claim (access required)

Although plaintiff parents allege that defendant Fisher-Price had notice of defects in their “Big Wheel” tricycle that led to injuries of other children, but that Fisher-Price had “willfully and wantonly ignored that knowledge and failed to take remedial measures with ...

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Jurisdiction – Personal – Long-Arm Statute – Forum Selection Clause – Surety Contract (access required)

Where plaintiff, a Louisa County, Va., company, has sued a California company and its business manager for breach of contract, the Virginia company has established a prima facie case of the Virginia federal district court’s personal jurisdiction over the California ...

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