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Opinion Digests

Civil Practice – Summary Judgment – Motion Granted Without Opposition – Basis For Ruling (access required)

Where the district court in plaintiff’s suit for employee benefit plan medical expenses granted the summary judgment motion of defendants, an insurance company and an employee benefit plan administrator, by stamping the motion “GRANTED WITHOUT OPPOSITION FILED,” without any further ...

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Bankruptcy – Dischargeability Of Debt – Payments To Wife's Daughter – Alimony – Discharge (access required)

Although the debtor husband contends the $3,000 monthly payments called for in the parties’ marital settlement were intended for the support of wife’s incapacitated daughter from another marriage and the payments therefore were dischargeable, because the husband took the payments ...

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Criminal – Sentencing – Counsel's Absence – Harmless Error (access required)

Although defendant challenges his sentence for cocaine violations on the ground that his lawyer was not present at his resentencing, any error in failing to have defendant represented by counsel at the hearing was harmless, since the resentencing simply conformed ...

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Employment – Health Benefits – ERISA – Retroactivity of Benefits (access required)

Although defendant employee health insurance plan contends that it amended its plan on Jan. 1, 1994, to eliminate coverage for a treatment called high dose chemotherapy with peripheral stem cell rescue, the plan modification, which was implemented after plaintiff insured ...

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Securities – Fraud – Securities Violations – Company's Projected Earnings (access required)

Where plaintiff purchasers are suing defendant corporation and its officials for securities and common-law fraud based on certain representations concerning the company’s projected earnings, defendants are entitled to summary judgment on all claims because the evidence indicates defendants’ statements were ...

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Taxation – Estate Tax – Value Of Author's Name (access required)

Where the Internal Revenue Service valued the name of the author, a master of the genre of popular fiction called “children in jeopardy,” as an asset of her estate worth $1.24 million on the date of her death, this amount ...

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Employment – Workers' Comp – ERISA Preemption – Temporary Employees (access required)

Although plaintiff, a company that provides employee benefits to temporary workers under a “Co-Employment Agreement,” contends that it is not subject to Virginia Workers’ Compensation Act provisions, Va. Code § 65.2-801, requiring security for its plan of workers’ comp coverage ...

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Bankruptcy – Trustee's Abandonment – Hazardous Waste Cleanup (access required)

Where the trustee sought to recover alleged fraudulent transfers made to a guarantor, and the guarantor responded with counterclaims alleging the trustee was negligent in allowing a spill of a hazardous solution used in debtor’s wood-treating plant and that the ...

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