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Opinion Digests

Tort – Nuisance – Golf Center Employee – Firing Range (access required)

Plaintiff’s presence on the premises as an employee of a golf center does not give him a cause of action for private nuisance against an adjoining tenant and landlord for maintaining a firing range. Occupancy of premises as well as ...

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Appeals – Jurisdiction – Collateral Order Exception – Discovery Of Nonparty (access required)

Where the North Carolina district court ordered appellant, a North Carolina manufacturer of model trains, to comply with discovery requests to provide certain sales information to another model train manufacturer that has sued Lionel Trains in Michigan for alleged antitrust ...

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Products Liability – Negligent Misrepresentation – Brand Name Manufacturer – Generic Equivalent (access required)

Where a six-week-old infant died from taking a generic prescription of promethazine hydrochloride, which defendant did not make but which it markets under the brand name “Phenergan,” the parents may not sue the brand name manufacturer on a theory of ...

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Negligence – Federal Tort Claims Act – Administrative Claim (access required)

Although the lawyer engaged by claimants’ insurance company to pursue its subrogation claim against the tortfeasor, a Navy employee, timely filed a form indicating he also was pursuing the claimants’ deductible and that the claimants had a “personal injury claim ...

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Criminal – Wiretap – Government's Other Investigative Efforts (access required)

Although the defendant contends the government in its application for a wiretap failed to demonstrate, as required by state and federal law, that more traditional investigative procedures were unproductive, the district court did not err in concluding that the wiretap ...

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Commercial – Requirements Purchase Contract – Plastic Bottles – Ariz. Law (access required)

Although defendant Virginia plant’s requirements contract to purchase plastic bottles for home cleaning products included plaintiff’s version of an “escape clause” which allowed termination of the contract only on its anniversary date, we nonetheless hold that the defendant’s termination of ...

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Criminal – Assault On State Deputy – Federal Jurisdiction (access required)

Where defendant federal prisoner was housed in a local jail pursuant to a contract between federal and state prison authorities, and defendant assaulted a local deputy who was attempting to return defendant to his cell, the federal court had jurisdiction ...

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Criminal – Money Laundering – Conspiracy – Corporate Criminal Liability (access required)

Although defendant company, a subchapter S corporation wholly owned by the individual co-defendant in this money-laundering case, contends that it derived no benefit from the individual defendant’s purchase of certain assets, and that it had gross sales of several million ...

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