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Opinion Digests

Domestic Relations – Equitable Distribution – Cocaine-Addicted Wife (access required)

Where the parties initially made equal contributions to the family’s marital property, but in the later stages of the marriage, the wife’s cocaine addiction clearly resulted in the loss of personalty and the squandering of money earned by her husband, ...

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Civil Practice – Res Judicata – Suit For Release Of Lien (access required)

Where plaintiff, a partnership that earlier borrowed $12 million from defendant Resolution Trust Corporation’s predecessor bank, earlier litigated a federal district court suit seeking to compel a partial release of a lien on the parcel securing the loan based on ...

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Tort/Negligence – Defamation – Product Packaging – Qualified Privilege (access required)

Although defendant may have a qualified privilege regarding his statements about possible problems with the packaging of plaintiff’s product, his plea in bar based on such a privilege is overruled because the plea raises issues of fact, such as defendant’s ...

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Domestic Relations – Child Support Guidelines – Inclusion Of Spousal Support (access required)

In calculating the custodial parent’s entitlement to child support under the statutory child support guidelines, the court finds that spousal support ordered prior to calculation of the child support should be considered as part of the statutory guidelines calculations. Pursuant ...

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Criminal – DUI – Certificate Of Analysis – Availability Of Breath Test – Burping Defendant (access required)

Where the lab technician who was to administer the breathalyzer test selected by defendant admonished him that to ensure accurate test results he should not burp during the 20 minutes preceding the test, but during two separate waiting periods, defendant ...

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Property – Surface Water – Prior Boundary Dispute – Drainspouts (access required)

Although the evidence fully supports the commissioner’s conclusion that plaintiffs, when they first graded their lot for construction of their home, could have created a suitable home site on their lot without throwing the surface water from its natural flow ...

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Taxation – Cost Of Video Games – Three- Or Five-Year Recovery (access required)

Where taxpayer, a South Carolina corporation that provides coin-operated video games to the public, was required under the Economic Recovery Tax Act of 1981, 95 Stat. 172, to employ a three-year recovery period rather than a five-year period, the IRS’s ...

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Labor – Union Election – Promise To Waive Initiation Fee (access required)

Although the union promised employees it would waive the union initiation fee for all employees if the union won the upcoming representation election, this promise did not impermissibly taint the union election result, and the National Labor Relations Board order ...

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Criminal (308834) (access required)

Revocation Of Supervised Release Although the hearing on whether defendant violated the conditions of her two-year supervised release was held outside the two-year period, the revocation of her release was legal where the petition charging a violation was filed within ...

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