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Opinion Digests

Bankruptcy – Homestead Exemption – Lien Avoidance (access required)

Where the bankruptcy court avoided the bank’s judgment lien on debtors’ home as an impairment of the homestead exemption debtors claimed on the home, that avoidance was reversible error and the bank’s lien must be reinstated. Debtors have each elected ...

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Workers' Comp – Negligence – Comp Bar – Statutory Employer – Meat Packing Plant – Federal Food Inspector (access required)

Where plaintiff, a federal food inspector who worked on the “killing floor” inspecting hog carcasses at a Smithfield packing plant, alleges that she suffered severe injuries when struck by a hog carcass that fell from a moving rail conveyor, the ...

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Civil Rights – Equal Protection – All-Male College – VMI (access required)

Where the appellate court, in reviewing the U.S. Justice Department’s challenge to the males-only admissions policy at Virginia Military Institute, remanded the case to the district court to allow the commonwealth to adopt and implement a plan that conforms to ...

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Banks & Banking – Construction Loan – Duty To Inspect – Statute Of Limitations (access required)

Where plaintiff homeowners, who in 1984 obtained a three-way residential construction loan from defendant Resolution Trust Corporation’s predecessor bank, allege damages arising from the bank loan officer’s premature final payment to the contractor without allowing plaintiff owners to discover certain ...

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Landlord/Tenant – Commercial Lease – Notice Of Termination (access required)

Although the parties’ 1987 replacement lease omitted certain language regarding extension of the lease which was present in the parties’ 1978 lease. Parol evidence indicates the parties intended the language to remain. The 1978 lease provided the five-year lease would ...

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Criminal – Brady Material – Discrepancy In Defendant's Description (access required)

Where the undercover police officer, who had purchased cocaine from a man he previously had seen on approximately 12 occasions, identified defendant from a photographic lineup as the seller, and defendant at the time stood six feet two inches tall ...

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Criminal – Juror's Removal For Cause – Pretrial Publicity (access required)

Although the prospective juror was married to a Naval flight officer, the same employment as the victim, defendant’s husband whom she was accused of murdering, and although the juror acknowledged she had read articles written about the case prior to ...

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