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Opinion Digests

Employment Discrimination – ADA – Loss Of Eye – Auto Mechanic – Constructive Discharge – Harassment (access required)

Although plaintiff, an auto mechanic who lost an eye in an accident, claims he was treated more harshly by his employer, in that he was disciplined more harshly, denied a leave and initially not supported in his effort to obtain ...

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Criminal – Motion To Vacate Sentence – Waiver (access required)

Where defendant did not raise on direct appeal his challenges to his sentence on a conviction of conspiracy to transport stolen property, his nonconstitutional challenges are waived in this proceeding under 28 U.S.C. § 2255; the court further finds that ...

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Civil Practice – Transfer Motion – Asset Purchase Agreement (access required)

Where a dispute arose from an asset purchase and employment agreement which formed the basis for the sale of plaintiffs’ copier business to defendant, and defendant filed a suit alleging breach of contract, misrepresentation and fraud in federal court in ...

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Wills & Trusts – Codicil – Letter To Executor – Testamentary Intent (access required)

Although the testator wrote to his executor 10 years after he executed a will and stated that he wanted his three daughters to share equally in his estate, the letter lacked testamentary intent and did not constitute a valid codicil ...

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Criminal – Driving After HO Order – Hearsay – DMV Record – Notice (access required)

The trial court did not err in admitting a computer print-out of the defendant’s driver’s license status with the Department of Motor Vehicles, which was admissible under the official documents exception to the hearsay rule; and any errors that may ...

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Workers' Comp – Permanent Total Disability – Loss Of Use Of Legs – Quantified Evidence (access required)

Although claimant’s treating neurologist stated that claimant’s fall from a ladder resulted in a permanent total loss of use of his legs for any substantial gainful employment, claimant’s failure to produce any quantified evidence of this loss precludes him from ...

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Unemployment Comp – Voluntary Departure – Good Cause – Objective Standard (access required)

Where claimant left his employment as a telemarketer for the “Kick Ash Chimney Sweep Repair” service after the employer promoted another employee rather than claimant, and claimant gave no notice before quitting his job and did not discuss his reasons ...

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