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Opinion Digests

Criminal – Double Jeopardy – Defective Indictment (access required)

Where this court reversed defendant’s original conviction because his indictment count purporting to allege a conspiracy to traffic in fraudulent credit cards failed to allege an effect on interstate or foreign commerce, the government did not violate the prohibition against ...

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Property – Environmental – Oil Spill – Nuisance – Stigma Damages (access required)

Where plaintiff homeowners are suing defendant oil distribution facility for a diminution in the value of plaintiffs’ homes because of the public’s fears about contamination from an earlier oil spill from defendant’s facility, plaintiffs may not recover for nuisance on ...

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Employment Discrimination – Race – Differential Discipline – Supervisor's Interpersonal Skills (access required)

Although plaintiff, a female African-American, claims she was dismissed from her supervisory position for her inability to get along with the people she supervised, but that defendant failed to discipline white employees for comparable infractions, the evidence conclusively shows that ...

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Admiralty – Negligence – Maintenance & Cure – Unseaworthiness – Declaratory Judgment (access required)

Where the boat owner filed a federal declaratory judgment action to establish whether it had any liability for the seaman’s alleged injury, and the seaman thereafter filed a state court action alleging maintenance and cure, unseaworthiness and Jones Act claims ...

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Property – Easement Over Shore Land – Apportionment – Wire Cable Fence (access required)

Where defendants erected a “wire cable fence” across a portion of shore land abutting plaintiff’s lakeshore property over which defendants had a “shore land easement,” the fence did not encroach upon plaintiffs’ property under the terms of the easement. The ...

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Criminal – Jurisdiction – Transfer Of Juvenile (access required)

Although the circuit court did not enter an order (either remanding defendant’s criminal case to the juvenile court or advising the prosecutor that he could seek an indictment) within 21 days of transfer of the case from juvenile court, the ...

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Criminal – Larceny – Asportation – Movement Of Items Within Store (access required)

Although defendant claims there was insufficient evidence of asportation of the items she allegedly shoplifted from a Woolworth’s because the items were removed from shelves and placed in her bags, without their packaging, but they were not removed from the ...

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Zoning – Ordinance Amendment – Vested Right – Mobile Home Park (access required)

Although the developer had submitted general plans for a three-phase development of a 500-unit mobile home park, including a “first design proposal” and “Preliminary Sewage Treatment Facilities” for the park, and the developer’s detailed site plans and construction in progress ...

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