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Opinion Digests

Employment – State Employee Grievance Procedure – Panel Hearing (access required)

Although plaintiff state employee was involuntarily transferred from one position to another which did not carry grievance-procedure protection under state personnel law, the transfer was not a ruse to eliminate plaintiff’s vested rights, and plaintiff does not have a right ...

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Civil Practice – Collateral Estoppel – Unlawful Detainer – Resulting Trust (access required)

Although defendant earlier won a general district court judgment against plaintiff in an unlawful detainer action, the earlier action does not estop plaintiff from now pursuing this circuit court action alleging that he and defendant formed a partnership to purchase ...

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Attorneys – Disqualification – Attorney Witness – Release (access required)

Where defendant, who sold the ladder on which plaintiff police officer alleges he was injured during a training exercise, claims that an attorney for plaintiff represented to him that the claim would be released in exchange for defendant providing the ...

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Domestic Relations – Child Support Guidelines – Deviation – Parties' Earning Capacities (access required)

Although the statutory child support guidelines would require the mother to pay father $403 per month, the court will deviate from those guidelines on the basis that the mother’s learning disabilities hinder her employment and the father’s earning capacity exceeds ...

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Commercial – Payment To Receiver – Priority (access required)

Although the judgment creditor obtained a writ of fieri facias before appointment of the receiver, the receiver nevertheless is entitled to be compensated before the judgment creditor. Where a receiver is appointed at the instance of and for the benefit ...

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Corporate – SCC Practice – Discovery Depositions (access required)

Although a hearing examiner granted an electric cooperative’s request to take depositions of a power company’s employees prior to the SCC’s consideration of the coop’s application for a certificate of public convenience, the SCC Rules do not authorize depositions in ...

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Civil Rights – Fair Housing Act – Punitive Damages – Civil Practice – Judges – Personal Bias (access required)

Although plaintiff, a nonprofit corporation that helps developmentally disabled people find housing, won a favorable jury verdict in its Federal Fair Housing Act suit against the City of Richmond, Va. and one of its former city council members, the verdict ...

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Criminal – Forfeiture – Illegal Gambling – Alleged Fourth Amendment Violations – Evidentiary Hearing Required (access required)

Where the affidavits of the federal government and the property claimants in this civil forfeiture action presented conflicting versions of material facts surrounding the search and seizure of the property, the district court erred in failing to conduct an evidentiary ...

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