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Opinion Digests

Workers' Comp – Refusal Of Selective Employment – Cure – Willful Misconduct (access required)

Where claimant voluntarily left the light-duty job offered by his employer without meeting with the employer and a rehabilitation nurse to discuss whether the position was appropriate for claimant, he has unjustifiably refused the light-duty employment, and his acceptance of ...

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Traffic Offenses – DUI – Circuit Court Appeal – New Warrant (access required)

Where the Circuit Court tried defendant for DUI on a new warrant issued by the court following defendant’s conviction in general district court on a defective warrant charging a violation of a city ordinance, the Circuit Court’s issuance of a ...

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Domestic Relations (309779) (access required)

Death Of Spouse Pending Equitable Distribution Where the divorce court placed in escrow proceeds from the sale of the marital residence pending an equitable distribution proceeding, but prior to the proceeding, husband died intestate, the divorce court did not have ...

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Domestic Relations – Grandparent Visitation – Adoption (access required)

Although the grandchild of the paternal grandparents has been legally adopted by wife’s new husband, and the adoption order stripped the grandparents of the legal rights derived through their son, whose parental rights have been terminated, the grandparents nevertheless may ...

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Criminal – Municipal – Zoning Violations – Dillon Rule (access required)

Although defendant earlier had a conditional use permit for operation of a landfill, his permit is no longer valid, and the Dillon Rule does not preclude the county from enforcing its ordinance which provides for criminal penalties on a separate ...

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Unemployment Compensation – Benefits Pending Appeal – Regulations – Limitation Period (309843) (access required)

1994 V.C.C. (VLW 094-8-248) Medical Staffing Assocs. Inc. v. Bentley Civil Practice Fifth Amendment Privilege – Sword Or Shield Although the defendant in this civil action relies upon the Fifth Amendment privilege against self-incrimination to refuse to testify, but she ...

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Negligence – Auto Accident – Intersection Accidents During Rainstorm – Conflicting Testimony (access required)

Where plaintiff sued the first defendant who rear-ended plaintiff’s car when it stopped near an intersection during a night-time rainstorm, and also sued the second defendant who allegedly struck another vehicle, forcing it into the lane occupied by plaintiff and ...

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