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Opinion Digests

Jury & Jurors (access required)

Compromise Verdict Where the jury, after initially reporting a deadlock in this case in which a school board alleged defendant floor refinisher was responsible for a fire in the school, ultimately returned a verdict for one-half the damages sought by ...

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Administrative – Government Contract – Bidding Process – University Computer Equipment (access required)

Where the state university has moved to reopen bidding on a contract to provide computer hardware because one of the contract bidders protested that the university considered cost discounting factors which its own rules apparently stated would not be considered, ...

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Commercial – Evidence – Joint Venture – Construction Project – Misrepresentations – Capital Contributions (access required)

Where one construction company obtained a jury verdict of $1.5 million against a second construction company, its partner in a joint venture to build bridge supports, on the first company’s claim that its partner misrepresented to it that a source ...

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Criminal – Sentencing – Perjury – Bankruptcy Fraud – Acceptance Of Responsibility (access required)

Although defendant, who was convicted of perjury and bankruptcy fraud, contends that the district court violated Fed. R. Crim. P. 32(c)(3)(D) by failing to address defendant’s objection to the presentencing report’s recommendation that he be denied an adjustment for acceptance ...

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Criminal – Firearm Possession – Weapon Characteristics (access required)

Where the government, at defendant’s trial for possession of an unregistered sawed-off shotgun possession, failed to prove defendant’s knowledge of the characteristics of the weapon (here, a sawed-off shotgun) that brought it within the scope of 26 U.S.C. § 5861(d), ...

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Employment – Employee Health Insurance – 'Pre-Existing Condition' – Fibrocystic Breast Disease (access required)

Where plaintiff was diagnosed with fibrocystic breast disease over 10 years prior to becoming eligible for dependent health insurance and she subsequently was diagnosed with breast cancer several weeks after becoming eligible for benefits, her treatment for the breast cancer ...

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Employment – ERISA – Preemption – Improper Claims Processing (access required)

Where the employer is suing its employee health benefit insurance company, which also acted as claims manager on the employer’s self-insured coverage, for alleged improper claims processing and mismanagement, the employer’s state law claims are preempted by the federal ERISA ...

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Admiralty – Negligence – Jury Instruction On Tax Liability (access required)

Where the district court in this negligence action under the Jones Act, 46 U.S.C. app. § 688, refused to instruct the jury that any award of damages for the injured seaman would not be subject to income taxation, this refusal ...

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Insurance – Homeowners – Fire Loss – Financial Condition (access required)

Where policyholders who had lost their home through fire sued their homeowners’ insurance carrier for breach of contract in failing to pay on the policy, but the policyholders had refused to disclose information about their financial condition at the time ...

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