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Opinion Digests

Employment – Severance Benefits – Sale Of Company – Benefit Equivalency (access required)

Where the defendant’s severance plan, which it provided in anticipation that employees would be displaced after defendant sold a coal company, provided that employees could request determination of their eligibility for the severance package, with eligibility based on an “equivalent ...

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Employment Discrimination – Race – Title VII – Jury Trial (access required)

Where plaintiff’s suit alleging discriminatory discharge and discriminatory hiring and customer-relations practices at defendant karate studio was filed after the 1991 amendments to Title VII, but the suit was based on conduct which occurred before the amendments, this court holds ...

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Appeals (access required)

Stay Of Injunction Where defendant has not demonstrated that it is likely to prevail on the merits of its appeal, the court denies its motion for a stay of the district court’s preliminary injunction pending appeal. The merits of the ...

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Employment Discrimination – Sex – Sexual Harassment – Congressional Employee (access required)

Plaintiff’s claim relating to her termination as a Congressional employee in 1981 is dismissed because she has failed to cite either statutory or case authority that subjects the termination of a congressional employee to judicial oversight and because plaintiff has ...

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Civil Rights – Abortion Clinics – Freedom Of Access Act – Constitutionality (access required)

Where plaintiffs wish to continue expressing their opposition to abortion on moral, religious and other grounds, their lawful actions which do not result in physical obstruction of medical facilities where abortions are performed are not prohibited under the Freedom of ...

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Contract – Modification – Private Water Services – Unilateral Rate Change (access required)

Where the contract between the mobile home park owner and the private water and sewer company called for the provision of water and sewer services “until this contract is terminated or otherwise becomes canceled or null and void,” and established ...

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Property – Pipestem Easement – Summary Judgment (access required)

Where a developer, on behalf of two purchasers who appeared to be left without vehicular access to the lot they purchased, sued the owners of adjacent lots on a cul-de-sac, the trial court erred in granting summary judgment in favor ...

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Negligence – Auto Accident – Jury Instruction – Sudden Emergency (access required)

Although evidence indicated that defendant’s car came through an intersection, causing plaintiff to swerve and strike a guardrail, because defendant’s engine stalled and he lost powers in his power-assisted brakes, defendant was not entitled to a jury instruction on “sudden ...

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Negligence – Workers' Comp Bar – Student Intern – Horse Farm – Dog-Bite (access required)

Where plaintiff, while employed as a “working student” at defendant’s horse farm, was severely bitten by a Doberman pinscher owned by plaintiff’s roommate, another working student, this injury did not “arise out of” plaintiff’s employment at the farm, and the ...

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