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Opinion Digests

Employment Discrimination – Disabilities Act – Attendance At Job – Business Instructor – 'Qualified Individual' (access required)

Where defendant business college knew plaintiff suffered from lupus when she was hired, and it accommodated her frequent absences for two-and-one-half years, but ultimately discharged her after she took time and requested additional time to spend with her disabled son ...

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Criminal – Probation – False Income Tax Return (access required)

Where defendant’s original sentence of three years, with probation after 30 days of incarceration, was imposed under the law existing prior to the effective date of the federal sentencing guidelines, but defendant violated his conditions of probation after the guidelines’ ...

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Bankruptcy – Automatic Stay – 'Willful' Violation – Unlawful Detainer Action (access required)

Where the landlord’s agent filed an unlawful detainer action seeking to regain possession of a townhouse two days after the tenant filed her chapter 13 petition, the detainer “technically” violated the automatic stay in bankruptcy, but the violation was not ...

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Insurance – Auto – Fire Loss – Garage Dealer's Liability Insurance (access required)

Where the garage dealer’s liability policy covered “only the private passenger autos [the dealer] owns…,” the trial court did not err in interpreting the policy to cover only automobiles to which the dealer had title, and to exclude coverage for ...

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Criminal – Rape Of Minor – Chain Of Custody (access required)

Where the commonwealth’s forensic specialist testified that he received the hair samples for defendant’s trial for rape of a 10-year-old girl in sealed envelope from a security van, but the commonwealth did not call the driver of the security van ...

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Criminal – Sentencing – Presentence Report – Prior Offenses (access required)

Although the trial court, in sentencing defendant on a plea of guilty to reduced felony and grand larceny charges, considered certain information as to prior offenses, including an acquittal and charges for which no disposition was located, the en banc ...

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Workers' Comp – Occupational Disease – Transverse Myelitis – Treating Physician's Opinion – Permanent Partial Disability (access required)

Where claimant’s treating physician examined claimant twice in 1992 and performed objective tests on her sensory nerves, whereas the employer’s physician only examined claimant once, the treating physician’s medical report and his credible testimony support the commission’s award of permanent ...

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Domestic Relations – Spousal Support Modification – Res Judicata (access required)

Although the trial court found that the first dismissal of the request for spousal support modification was not a ruling on the merit and therefore could not operate as a res judicata bar to the second request, we hold that ...

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