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Opinion Digests

Tort (access required)

Civil Conspiracy Although plaintiffs have based their claim for conspiracy to injure another in trade, business or profession on alleged prior false testimony, this count is not barred by the general rule that perjury may not be the basis for ...

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Appeals (309278) (access required)

Appeal Bond Disbursement Where plaintiff has moved for disbursement of an appeal bond, the court will enter an order releasing $326.25 of the bond, which represents the costs awarded by the Court of Appeals to appellee/plaintiff in the case. Virginia ...

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Intellectual Property – Copyright – Damages – Jury Instructions (access required)

Where a photographer sued a magazine for copyright infringement for printing one of plaintiff’s photographs without permission, and the plaintiff received damages, but appealed on the ground that the district court erroneously permitted testimony of the magazine’s editors regarding sources ...

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Criminal – Double Jeopardy – Stay Of Murder Trial (access required)

Where the state trial court specifically found that the commonwealth’s actions in failing to produce exculpatory evidence to the defense, although reprehensible, were not intended to provoke a mistrial, defendant is eligible for retrial on first-degree murder, abduction and firearm ...

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Search & Seizure – Consent – Defendant's Prior Experience With Officers (access required)

Although defendant testified that he opened the car door in response to the officers’ request to search the vehicle because defendant had been assaulted by police officers in New York on two prior occasions and he feared a refusal might ...

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Employment – Health Insurance Benefits – ERISA – Psychiatric Hospitalization – 'Medically Necessary' (access required)

Where the employee health insurance plan and its summary plan description clearly indicate that the plan retains ultimate authority to determine what is “medically necessary” treatment, the plan administrator was entitled to authorize coverage for only six months of the ...

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Arbitration – Stockbroker's Agreement – Account 'Churning' (access required)

Where plaintiff investor sued her longtime stockbroker, alleging that he had “churned” her account to obtain commissions and had inappropriately invested in real estate limited partnerships, which she claimed were unsuitable to the investment goals of an elderly woman like ...

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Civil Rights – Prison Overcrowding – Juvenile Facility – Injunction (access required)

Where the district court issued a preliminary injunction requiring defendant North Carolina juvenile corrections facility to reduce its total inmate population by more than 30 percent of the maximum operating capacity within two months and to increase its staffing in ...

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Jurisdiction – Personal – Cigarette Filter Manufacturer – Contacts With Forum State – Stream Of Commerce (access required)

Where plaintiff, whose husband died of mesothelioma, is suing the Massachusetts manufacturer of the filters used in the cigarettes smoked by the husband and manufactured in plants in New Jersey and Kentucky, the Maryland federal district court lacks personal jurisdiction ...

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