Home / Opinion Digests (page 3623) /

Opinion Digests

Workers' Comp – Arising Out Of – Claimant Found At Bottom Of Stairs – Seizure Disorder (access required)

Where claimant, a 58-year-old part-time janitor, was discovered unconscious at the foot of the employer’s stairs, with a pre-existing seizure disorder, a compensable claim has been established The fall is essentially unexplained and we so find. There is no evidence ...

Read More »

Civil Rights – Police Officers' Polygraph Tests – Qualified Immunity (access required)

In this suit by several police officer who were required to take polygraph tests during an investigation of a shooting, the district court erred in ruling that defendant prosecutor was not entitled to qualified immunity in the officers’ suit under ...

Read More »

Criminal – Habeas Corpus – Destruction Of Evidence – No Bad Faith (access required)

Although the habeas petitioner, who was convicted of first degree sexual assault, contends that three separate instances of destruction of evidence violated his due process rights, he has failed to establish this claim and the denial of his habeas petition ...

Read More »

Bankruptcy – Divorce – PSA – Alimony – Parties' Intent (access required)

Where the parties’ property settlement agreement provided that husband would pay wife “as and for spousal support, alimony and maintenance,” a lump sum of $900,000 and monthly payments of $2,500 for 180 months, and other sections of the agreement also ...

Read More »

Admiralty – Marine Construction – Protection & Indemnity Policy – Vessel & Pontoon Collision (access required)

Where the collision between a fishing vessel and pontoons or pipes of the marine construction company’s dredge occurred while the pontoons or pipes were separated from the dredge in a flotilla during transport, the damage to the pontoons or pipes ...

Read More »