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Opinion Digests

Insurance – UM Coverage – Auto Accident – Gun Discharge (access required)

Where an “interaction between the operation of the two vehicles just before the discharge of the firearm was the impetus for the accident,” the circuit court finds a strong causal relationship or connection between the accident in question and the ...

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Workers' Comp – Black Lung – Interim Presumption – Treating Physician (access required)

Where an administrative law judge denied a claim for black lung benefits on the ground that the interim presumption that claimant had pneumoconiosis had been rebutted by evidence that the miner’s disability did not arise out of the coal mine ...

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Schools – Employment – Teacher's First Amendment Rights (access required)

Where defendant school board terminated a special education teacher because of her letters to newspapers concerning mismanagement of school funds, particularly payment of board members’ travel expenses, and concerning her fellow teachers’ lack of response to a questionnaire she distributed ...

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

Where plaintiff, a business school instructor, frequently was absent from her job not only because of her condition of lupus erythematosus, but also because of her son’s gastro-esophageal disorder, plaintiff’s inability to meet the job’s attendance requirements, despite her employer’s ...

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Criminal – Sentencing – Downward Departure – Diminished Mental Capacity – Non-Violent Crime – Family Duties (access required)

Where defendant pled guilty in federal court to mailing threatening communications to his wife’s lover in violation of 18 U.S.C. § 876 while on state court probation for assaulting this same person, the district court in sentencing defendant erred in ...

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Admiralty – Jurisdiction – Partial Summary Judgment – Arbitration (access required)

Where the admiralty court granted summary judgment to two of three defendants in this suit arising from a chemical leak at the Port of Los Angeles, and this grant of summary judgment involves a “pure question of general contract interpretation” ...

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