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Opinion Digests

Contract – Agency – Signature On Lease – Disclosed Principal (access required)

Where the defendant signed a lease for commercial property in the name of the “Washington Area Ministers’ Alliance: By Daniel Hall,” but he did not complete an additional page allowing for a notarized agreement by which the signing parties would ...

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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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Social Security – Substantial Gainful Activity – Part-Time Work (access required)

Although claimant works as a part-time school custodian, she has established through evidence concerning her actual job performance, the amount of supervision she requires and an assessment by the school principal, that she is not engaged in “substantial gainful activity” ...

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Criminal – Arson – Interstate Commerce (access required)

Where defendants were convicted of “arson of a building used in an activity affecting commerce” in violation of 18 U.S.C. § 844(i) for their fire-bombing of a trailer in which a white woman and a black man resided, the trailer’s ...

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Criminal – Forfeiture – Controlled Substances – Pharmacy (access required)

Where the pharmacist was convicted of multiple counts of illegal distribution of controlled substances, and his crimes would have supported a maximum total fine of $3.58 million, the court’s forfeiture of defendant’s pharmacy and related property valued at approximately $509,307, ...

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