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Opinion Digests

Civil Practice – Joinder – Action For Unpaid Commissions – Other Claimant Against Escrow Fund (access required)

Where plaintiff is suing her former employer, a builder, for unpaid commissions, salary, bonuses and expenses, and the employer seeks to join another former employee who the builder contends also may be entitled to proceeds of an escrow account which ...

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Employment – Employee Benefit Plan – ERISA – Third-Party Injury – Plan Reimbursement – N.C. Wrongful Death Statute (access required)

Where plaintiff administrator of his wife’s estate refused to comply with a provision of the wife’s employee benefit plan which required him, in order to obtain plan benefits, to agree to reimburse the plan for medical expenses which the estate ...

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Criminal – Procedural Default – Failure To Object – Career Offender Classification (access required)

Although defendant, prior to sentencing on bank robbery and firearms convictions, mischaracterized an earlier burglary conviction as one involving violence, and then failed to object to his resulting classification as a career offender, his sentence based on that classification is ...

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Criminal – Guilty Plea Withdrawal – FRCrP 11 – Drug Quantity (access required)

Although the trial court did not fully comply with the Fed. R. Crim. P. 11 procedure for accepting guilty pleas, in that the court did not advise defendant of the effect of supervised release, the court’s omission was harmless error, ...

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Bankruptcy – Ch. 11 – Reorganization Plan – Confirmation Vacated – Good Faith – Debtors' Retention Of Substantial Assets (access required)

Although the bankruptcy court conditioned approval of debtor real estate developers’ reorganization plan on their subjection of all of their substantial assets to liquidation in order to fund the plan, the plan nevertheless exhibited a lack of good faith as ...

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Securities – Fraud – Securities Violations – Company's Projected Earnings (access required)

Where plaintiff purchasers are suing defendant corporation and its officials for securities and common-law fraud based on certain representations concerning the company’s projected earnings, defendants are entitled to summary judgment on all claims because the evidence indicates defendants’ statements were ...

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Taxation – Estate Tax – Value Of Author's Name (access required)

Where the Internal Revenue Service valued the name of the author, a master of the genre of popular fiction called “children in jeopardy,” as an asset of her estate worth $1.24 million on the date of her death, this amount ...

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Employment – Workers' Comp – ERISA Preemption – Temporary Employees (access required)

Although plaintiff, a company that provides employee benefits to temporary workers under a “Co-Employment Agreement,” contends that it is not subject to Virginia Workers’ Compensation Act provisions, Va. Code § 65.2-801, requiring security for its plan of workers’ comp coverage ...

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Bankruptcy – Trustee's Abandonment – Hazardous Waste Cleanup (access required)

Where the trustee sought to recover alleged fraudulent transfers made to a guarantor, and the guarantor responded with counterclaims alleging the trustee was negligent in allowing a spill of a hazardous solution used in debtor’s wood-treating plant and that the ...

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