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Opinion Digests

Criminal – Sentencing – LSD Quantity (access required)

Although the federal sentencing commission has amended the guidelines for calculating the “carrier medium weight” to be used in determining the weight of LSD for which a defendant may be held accountable, and under the amended guideline, this defendant’s sentencing ...

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Intellectual Property – Copyright – Home Design – Damages For Infringement (access required)

Although defendants contend their “Rockford” home design, which features a family room in the front of the house, was independently developed, plaintiff home builders have proven that in fact defendants infringed plaintiff’s copyrighted “Louisa” design when defendants built and sold ...

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Bankruptcy – Dischargeability – Student Loan – 'Undue Hardship' – New Mother – Temporary Employment (access required)

Where debtor had a business degree and had been employed full-time at a salary of $21,000 per year prior to marrying and relocating to Virginia with her military husband, and debtor was only able to locate temporary employment in Virginia, ...

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Insurance – Medical Payments – 'Family-Class Stock Car' (access required)

Although the plaintiff’s automobile liability policy excluded coverage for injuries sustained “through being struck by…a farm type tractor or other equipment designed for use principally off public roads, while not upon public roads,” the trial court erred in applying this ...

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Domestic Relations – Equitable Distribution – Wife's Separate Property (access required)

The trial court erred in refusing to credit against its monetary award to wife certain marital assets, including bank accounts, cash and IRA and bond fund dividends held in her sole name and possession. The record shows that the chancellor ...

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Workers' Comp – Arising Out Of Employment – Slippery Stairway (access required)

Where testimony supported the reasonable inference that the accident occurred when claimant encountered a slippery stairway which caused her to slide down the stairs, it is undisputed that claimant was injured during the course of her employment and that the ...

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