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Opinion Digests

Civil Rights – First Amendment – Political Discharge – Deputy Sheriff – Mixed Motive (access required)

Where plaintiffs, former deputy sheriffs, have supported their allegations of unconstitutional political discharge with specific evidence that defendant sheriff discharged them for expressing their opinions on a matter of public concern, namely the sheriff’s fitness for office when compared to ...

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Negligence – Premises Liability – Shopper Struck By Punch Bowl (access required)

Although plaintiff alleges she sustained shoulder and neck injuries when a punch bowl fell off a shelf and struck her while she was shopping at defendant’s Price Club, plaintiff has failed to state a prima facie case of negligence by ...

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Commercial – Borrower's Default – Release (access required)

A borrower, a limited partnership, did not lose its right to have a 10-acre parcel released by defendant development corporation because the borrower failed to make the required payments under a deed of trust. The district court follows the majority ...

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Commercial – Lien Priorities – Purchase Money Lien – Development Loan Lien (access required)

Where the purchase money deeds of trust on the three contiguous parcels provided that the purchase money liens “may be subject to any bona fide land acquisition…or construction loan…,and the title company president who handled the closing had the purchase ...

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Employment – Harassment – Workers' Comp Bar – Emotional Distress (access required)

Where plaintiff, a former employee at an insurance company, alleges that defendant co-workers systematically harassed her with “undocumented complaints, damaging criticisms, defamatory remarks about her character and constant threats of job termination,” which caused plaintiff serious psychological and psychiatric injury ...

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Zoning – Municipal – Exhaustion Of Administrative Remedies (access required)

In this appeal by a quarry operator, the trial court erred in ruling that the operator was precluded from mounting a court challenge to the authority of the county governing body to act in a zoning matter because the operator ...

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Domestic Relations – Child Support – Social Security – Credit For Arrearage (access required)

Where the children had been receiving social security payments because of their father’s disability, the trial court did not abuse its discretion in crediting these social security payments against the child support arrearage owed by the father where his support ...

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Criminal Law – Entrapment – Cocaine Distribution (access required)

Although defendant initially hesitated to procure cocaine for her friend who was working as an informant for the police, and defendant refused the request for cocaine several times, there was credible evidence in the record to support her conviction for ...

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Criminal – Evidence – Other Crimes – Opening The Door – Drug Trafficking (access required)

Where defendant cross-examined a police officer to establish that the officer had not discovered any drugs, only money, when he searched defendant on prior occasions, and the trial judge ruled that defendant had “opened the door” and allowed the prosecutor ...

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