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Opinion Digests

Negligence – Workers' Comp Bar – Statutory Employer – Concrete Delivery (access required)

Where a concrete finisher employed by the contractor was injured during a concrete company’s pouring of concrete through chutes into curved forms in a subdivision cul-de-sac, the finisher was not a statutory employee of the concrete company and he may ...

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Domestic Relations – Laches – W. Va. Divorce Decree (access required)

Although the Virginia circuit court concludes that the West Virginia lacked subject matter jurisdiction to grant the parties a divorce, the Virginia court nevertheless will not permit wife to attack the West Virginia decree as void because of the equitable ...

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Contract – Lease – Waiver Of Arrearage – Writing (access required)

Although the landlord may have accepted lesser amounts of rent from defendant, case law and the contract itself indicate that this acceptance did not constitute a waiver of rent arrearages in light of the contractual requirement that any modifications be ...

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Commercial – Debt Under Note – Consent Judgment – Necessary Endorsement (access required)

Where the motion for judgment filed by plaintiff “Warren W. Taylor Jr.” alleges a debt under a note payable to “Warren W. Taylor Jr., Trustee,” and plaintiff’s demand letter reflects a debt due to “W.T. Enterprises Inc., Profit-Sharing Trust,” and ...

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Employment – At-Will Doctrine – Breach Of Contract – Fraud (access required)

Although defendant employer contends plaintiff cannot maintain his breach of contract and fraud claims because his employment was at-will, the circuit court concludes that plaintiff has alleged facts sufficient to allow it to pursue these claims under Sea-Land Service Inc. ...

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Negligence – Bicycle-Bus Accident – Proper Lookout (access required)

Where the city bus driver testified that he did not look into his right-hand side mirror prior to moving right into another lane of traffic, there was sufficient evidence for the jury to find for plaintiff bicycle rider on the ...

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Civil Rights – Section 1988 – Attorney's Fees – Settlement Offer – Race Discrimination (access required)

Where plaintiffs sued a motel for race discrimination, and the motel orally offered to settle a complaint before a county commission before plaintiffs filed a federal suit, the district court erred in limiting plaintiffs’ attorney’s fees to the date of ...

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Civil Rights – Child Abuse Investigation – State Record Maintenance – Qualified Immunity (access required)

Where Maryland state officials maintained records pertaining to a suspected child abuse investigation after the alleged abusers, were cleared by the Department of Social Services, the maintenance of these records during the five years prior to their expungement by statutory ...

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