Quantcast
Home / Opinion Digests (page 3607) /

Opinion Digests

Bankruptcy – Ch. 12 – Bad-Faith Dismissal (access required)

Where debtors filed their voluntary chapter 12 petition in 1991, and filed six confirmation plans since that time, debtors have demonstrated unreasonable delay and gross mismanagement, and the bankruptcy court abused its discretion in denying the creditor’s motion to dismiss ...

Read More »

Criminal – Right To Counsel – Habeas Writ Granted (access required)

Where petitioner stated he wanted to speak with an attorney, but that request was not honored by police for at least the next 50 hours, and petitioner was not allowed to consult with an attorney and no attorney was present ...

Read More »

Criminal – Sentencing – Firearm Possession – Career Offender – Guideline Amendments (access required)

Although defendant is eligible for resentencing under 1991 amendments to the federal sentencing guidelines that provide that offenses in which felons possess firearms are not “crimes of violence,” the court must hold a hearing in order to determine whether defendant ...

Read More »

Bankruptcy – Dalkon Shield Trust – Removal Of State Action (access required)

Where plaintiffs’ suit against debtor was stayed when debtor filed its chapter 11 proceeding, and plaintiffs satisfied the claims resolution process provided for in debtor’s chapter 11 plan and were allowed to recommence suit against the Dalkon Shield Claimants Trust ...

Read More »

Municipal – County Landfill Contract – Referendum On Debt (access required)

Although the county’s contract with a private waste disposal corporation for the construction and operation of a landfill requires the county to pay damages in the event the contract is terminated, the contract does not create a debt in violation ...

Read More »

Workers' Comp – Release To Full Duty – Treating Physician's Opinion (access required)

Although two independent medical examiners chosen by the employer opined that claimant was able to return to his pre-injury job, the last medical record from claimant’s treating physician indicated claimant was not ready to return to “full work as a ...

Read More »

Criminal – Possession Of Cocaine – Intent To Distribute – Sufficiency (access required)

Where police found cocaine in a duffle bag in defendant’s bedroom, defendant’s roommate testified that defendant had refused to answer him when he asked what was going on after people had come to the apartment looking for defendant, and anther ...

Read More »

Workers' Comp – Slip & Fall – Crossing Driveway Edge (access required)

Where claimant, who had been hired to paint the interior of a house, slipped on ice on a concrete apron connecting the lot’s driveway with the street, the injury is compensable. We agree with the commission that Prince v. Pan ...

Read More »

Criminal – Appeals – Rule 5A:18 – Jury Instruction (access required)

Although defendant now challenges the trial court’s response to a question from the jury on whether defendant could be guilty of both “attempted unlawful wounding” and “use of a firearm in the commission of a felony,” defendant did not object ...

Read More »