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Opinion Digests

Jurisdiction – Subject Matter – Federal Rules Interpretation (access required)

Where plaintiff real estate corporation is attempting to enjoin state enforcement of two liens against property filed after federal district court judgments against the previous owner of the property, but plaintiff’s only purported federal question in the case is whether ...

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Criminal – Sentencing – 'Instant Offense' – Drug Conspiracy (access required)

In these consolidated drug conspiracy appeals, the district court did not correctly apply the “career offender” provisions of § 4b1.1 of the federal sentencing guidelines because the court did not count a defendant’s instant drug conspiracy conviction as a “controlled ...

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Contract – Administrative – Government Contract – Bid Invitation (access required)

Where plaintiff chemical company’s initial bid on a government contract was rejected as “nonresponsive,” and during the Army’s investigation of the company’s bid protest, the Army discovered that the original invitation for bids had overstated the Army’s requirements, the discovery ...

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Criminal – Severance – Murder-For-Hire – Interstate Travel – Co-Defendant's Statements (access required)

The district court did not err in refusing to sever defendant’s trial in a “murder-for-hire” scheme from the trial of a co-defendant who did not testify but whose out-of-court statements which incriminated defendant were admitted at defendant’s trial. We affirm ...

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Civil Rights – Jurisdiction – ADA – Bar Exam Applicant – Mental Health Question (access required)

Where the Virginia Board of Bar Examiners refuses to consider plaintiff for licensure until she answers two questions on the bar exam application concerning recent treatment for mental health disorders, the district court does not have jurisdiction over the plaintiff’s ...

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Immigration – Political Asylum – Population Policy – China (access required)

Although petitioner contends the population control policies of the People’s Republic of China, which require involuntary sterilization, were enforced against his family because of his anti-Communist views, the evidence does not support this contention and the Board of Immigration Appeals ...

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Insurance – Commercial Policy – Arson Investigation – Duty To Cooperate (access required)

Where the lighting company’s commercial general liability insurance policy provided that the insured could not bring a legal action against the insurance company unless it had fully complied with all policy terms requiring the insured to cooperate in the investigation ...

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Bankruptcy – Automatic Stay – Repossession Of Truck (access required)

Although the bankruptcy court found that the bank has notice from debtor that he had filed a bankruptcy petition and the bank therefore violated the automatic stay by repossessing and selling debtor’s 1986 truck, this finding of notice to the ...

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