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Opinion Digests

Workers' Comp – Refusal Of Selective Employment – Move To Florida (access required)

Although the employer offered claimant light-duty clerical work after his physicians released him, he did not unjustifiably refuse that work where 1) the employer knew of claimant’s plans to move to Florida where his wife had a new job; 2) ...

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Commercial – Liability On Notes – Demand Note – Good Faith – ECOA (access required)

Although defendant debtors contend the note’s “detailed enumeration of events constituting default is inconsistent with a demand note,” and since this note is not a demand note, plaintiff bank must demonstrate good faith in accelerating repayment of the note, the ...

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Unemployment Compensation – Voluntary Departure – Good Cause – Lower Salary – Noncompete Agreement (access required)

Where claimant, who was vice-president of and owned stock in defendant computer company, voluntarily left his job after the company lowered his salary, modified his buy-sell agreement and requested that he sign a noncompete agreement, claimant had “good cause” for ...

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Negligence – Auto Accident – Intersection Accidents During Rainstorm – Conflicting Testimony (309864) (access required)

1994 V.C.C. (VLW 094-8-232) Nevitt v. Farms Domestic Relations Show Cause Proceeding – Sale Of Marital Home Where the parties’ divorce decree required wife to transfer her interest in the marital home to husband, who was required to list it ...

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Civil Practice – Rule 1:1 – Sanctions Time Limit (309880) (access required)

1994 V.C.C. (VLW 094-8-264) MacNelly v. MacNelly Domestic Relations Support Payment Setoff – Contract Although the Court of Appeals reversed this trial court’s ruling that husband was required to continue support payments to wife after she remarried, the trial court ...

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Insurance – Medical Expenses – Timeliness Of Medical Payments (309896) (access required)

1994 V.C.C. (VLW 094-8-221) Maas v. Maas Domestic Relations Child Custody – Father’s Plan Although there was some evidence of occasions when the father attended to the parties’ two small children more than did the mother, these were special occasions ...

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Workers' Comp – Occupational Disease – Hearing Loss – Cumulative Trauma (access required)

Although the medical record clearly establishes that claimant, a heavy equipment operator, suffers from a bilateral hearing loss, the medical reports do not show that the claimant’s condition is a “disease,” and the denial of benefits is affirmed. Absent an ...

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Jurisdiction – Pendent Party Jurisdiction – CERCLA Cleanup – CGL Policy Coverage (access required)

Where the district court granted two insurance companies summary judgment in consolidated actions regarding insurance coverage for hazardous waste cleanup under the companies’ comprehensive general liability policies, that order is vacated because the district court lacked subject matter jurisdiction over ...

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