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Opinion Digests

Domestic Relations – Child Support Guidelines – Deviation – Parties' Earning Capacities (access required)

Although the statutory child support guidelines would require the mother to pay father $403 per month, the court will deviate from those guidelines on the basis that the mother’s learning disabilities hinder her employment and the father’s earning capacity exceeds ...

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Commercial – Payment To Receiver – Priority (access required)

Although the judgment creditor obtained a writ of fieri facias before appointment of the receiver, the receiver nevertheless is entitled to be compensated before the judgment creditor. Where a receiver is appointed at the instance of and for the benefit ...

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Corporate – SCC Practice – Discovery Depositions (access required)

Although a hearing examiner granted an electric cooperative’s request to take depositions of a power company’s employees prior to the SCC’s consideration of the coop’s application for a certificate of public convenience, the SCC Rules do not authorize depositions in ...

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Civil Rights – Fair Housing Act – Punitive Damages – Civil Practice – Judges – Personal Bias (access required)

Although plaintiff, a nonprofit corporation that helps developmentally disabled people find housing, won a favorable jury verdict in its Federal Fair Housing Act suit against the City of Richmond, Va. and one of its former city council members, the verdict ...

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Criminal – Forfeiture – Illegal Gambling – Alleged Fourth Amendment Violations – Evidentiary Hearing Required (access required)

Where the affidavits of the federal government and the property claimants in this civil forfeiture action presented conflicting versions of material facts surrounding the search and seizure of the property, the district court erred in failing to conduct an evidentiary ...

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Civil Rights – School Rental – Rates For Churches – Establishment Clause (access required)

Where the school board rents school facilities to a variety of community organizations, but requires churches renting facilities to pay according to a progressively escalating rental rate in order to encourage them to rent elsewhere because of the board’s concerns ...

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Criminal – Drug Conspiracy – Use Of Firearm (access required)

There was sufficient evidence to convict defendant of using or carrying a firearm during and in relation to drug trafficking where the government showed that 1) a pistol was located on the bed in defendant’s bedroom when a drug transaction ...

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Administrative – Surface Mining Permit – 'Applicant Violator System' (access required)

Where defendant Office of Surface Mining Reclamation & Enforcement placed in a national computerized database called the “Applicant Violator System” a notice that plaintiff mining company had an “ownership link” to another company which had committed state regulatory violations, thus ...

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