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Opinion Digests

Workers' Comp – Causation – Vision & Hearing Loss (access required)

Where claimant did not complain of certain conditions, including visual and hearing impairments, until 11 months after he was injured by electrical shock, and when claimant received his early treatment after the shock, his hearing was normal and he denied ...

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Commercial – Broker's Fees On Loan – Fraud – Undisclosed Fees (access required)

Where plaintiff borrowers contend that defendant loan brokers charged undisclosed “broker’s fees” over and above the fees disclosed in loan closing papers, the court overrules the brokers’ demurrer which argues that they had no fiduciary duty to plaintiff borrowers and ...

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Insurance – UM Coverage – Relative Of Insured – Foster Child (access required)

Where the insured’s foster child was injured while a passenger in a stolen vehicle, the child is not a “relative” who is eligible for coverage under the insured’s uninsured motorist policy. The policy defines a “relative” as “a person related ...

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Property – Restrictive Covenants – Subdivision Association (access required)

Where plaintiff lot owners are suing the subdivision association over an amendment to certain restrictive covenants and its authority to resurface subdivision roads, certain remedies sought by plaintiff, who are lot owners but not lawyers, are unavailable. The court agrees ...

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Civil Practice – Summary Judgment – Execution On Partial Summary Judgment (access required)

Where the court earlier made two summary judgment rulings in this case and also ordered that the plaintiff building company’s claim against the individual defendant who ran a home improvements business proceed on the issue of a limitation on the ...

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Tort – Conversion – Breach Of Fiduciary Duty – Constructive Trust (access required)

In this suit by an administrator seeking defendant’s accounting for monies she received as attorney-in-fact for decedent for the sale of certain properties belonging to decedent, defendant may not demur to the suit on the ground that she had no ...

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Commercial – Damages – Government Construction Contract – S.C. Law (access required)

In this breach-of-contract suit by a South Carolina subcontractor hired to renovate Air Force base housing, the district court erred in granting a jnov for the defendant prime contractor on the ground that the sub had proven neither actual loss ...

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Civil Rights – Attorneys – Fee Award – Hourly Rate Reduction – Enforcement Of W.Va. Trespass Statute (access required)

Where the coal company prevailed in its § 1983 suit protesting West Virginia’s policy of refusing to enforce trespass statutes during a labor dispute, this court affirms the district court order disallowing an attorney’s fee award for media and public ...

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