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Opinion Digests

Tort – Commercial – Fraud – RICO – PTL Partnerships – Heritage Theme Park (access required)

Although defendant, a leader and minister of “Praise the Lord” Ministries, contends that he could not be guilty of federal securities fraud because the investors he solicited as “Lifetime Partners” in his Heritage Grand Hotel program purchased their memberships for ...

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Bankruptcy – Preferential Transfers – Ordinary Course Of Business (access required)

Although the unsecured creditor, a nationwide direct-mail marketing service, asserts that it was the industry norm to extend credit and to “work with” customers, the creditor’s actual practice was to require prepayment, rather than to extend credit, and its extension ...

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Jurisdiction – Abstention – State Administrative Proceedings – Employment Discrimination (access required)

Where the Maryland Commission on Human Relations filed an administrative complaint alleging that plaintiff employer, a government contractor, had discriminated against an employee on the basis of a handicap in violation of state law, the district court did not err ...

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Negligence – Slip & Fall – Duty To Warn Of Wet Floor (access required)

Where plaintiff, who was approaching an airport car rental counter, slipped on a floor that defendant cleaning service had mopped shortly before the fall, and plaintiff and another witness testified that no “Wet Floor” signs were posted, the district court ...

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Securities – False Statements – Business Prospects – Performance Predictions (access required)

Although plaintiff investors allege that a series of future predictions made by defendant specialty manufacturer about its business prospects during 1992 constitute false statements or omissions of material fact actionable under federal securities laws, the district court did not err ...

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Civil Rights – Prisons – Disciplinary Charges – Due Process (access required)

Although plaintiff inmate claims that his due process rights were violated when he was improperly convicted of possession of a homemade knife found next to the inmate’s locker, the institutional conviction did not violate plaintiff’s constitutional rights. Plaintiff was given ...

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Employment Discrimination – Race – Sex – Age – Federal Agency's Settlement Of Claim – Interest On Back Pay (access required)

Although a final agency decision concluded that defendant Small Business Administration discriminated against plaintiff when it failed to offer her a discretionary promotion, plaintiff is not entitled to interest on her back pay award under that agency decision, the parties’ ...

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Civil Practice (310129) (access required)

Claim Preclusion Where plaintiff homeowner’s first complaint against defendant insurance company on a homeowner’s policy failed to allege that the company had breached its contract, and after plaintiff failed to reply to the company’s motion to dismiss, the court dismissed ...

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Securities – Fraud – Annual Report Statements (access required)

Although defendant holding company, Dominion Resources, whose principal subsidiary is Virginia Power, made certain statements in its annual reports concerning its “compliance with domestic laws,” conducting its affairs with the “highest standards of personal and corporate conduct,” and “full disclosure ...

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