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Opinion Digests

Bankruptcy – City Tax Liens – Disgorgement Of Bank's Sale Proceeds (access required)

Where the city did not receive notice of the court-ordered sale of debtor’s realty on which the city had tax liens, the bankruptcy court will reconstruct the sale to require the bank to disgorge sufficient sale proceeds to pay the ...

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Labor & Employment – Employee's Retention – Government Contract – Fraud – Not Clear & Convincing Evidence (access required)

Although plaintiff employee, an electronic technician, presented testimony about his efforts to ascertain whether defendant company was hiring him on a “contract basis,” i.e., for a specific project, or indefinitely, on an “overhead basis,” and although an agent for the ...

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Criminal – Death Penalty – Voluntariness Of Confession – Police Misrepresentation – Batson Claim (access required)

Although a police officer who was interrogating defendant told him about a “Retinal Image Machine” that would project an image of the last thing a dead person had seen, this misrepresentation during interrogation did not invalidate defendant’s statement because it ...

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Workers' Comp – Injury By Accident – Occupational Disease – Minister (access required)

Although claimant, a minister, entered a hospital for medical treatment shortly after being confronted by his supervisor with allegations of forgery and a request for the minister’s church records for an audit, claimant has not proven an “injury by accident” ...

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Domestic Relations – Equitable Distribution – Greater Financial Contribution (access required)

Although husband claims the trial judge, in making a monetary award, did not properly consider his greater financial contributions to the marriage, the judge properly considered both parties financial and non-financial contributions to the marriage in deciding to divide the ...

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Workers' Comp – Medical Report – Rule 17 – After-Discovered Evidence (access required)

Where the employer failed to comply with Workers’ Compensation Commission Rule 17 by not filing with the commission a medical report from claimant’s treating physician that showed that claimant continued to be disabled beyond a certain time period, and the ...

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Workers' Comp – Statutory Employer – Notice Of Accident – Delay (access required)

Where the subcontractor’s employee was injured while working on residential construction, the builder, acting as general contractor, was the statutory employer of the injured worker. The uncontradicted evidence shows that the builder and the buyer entered into a written contract ...

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Labor & Employment – Unemployment – Willful Misconduct – Corrections Officer – Security Breach – Negligence (access required)

Although claimant, a former corrections officer at a maximum security prison, received three separate citations for failing to follow certain security rules and these breaches resulted in her dismissal, claimant’s actions constituted negligence at most, not the misconduct necessary to ...

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