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Opinion Digests

Tort/Negligence – Charitable Immunity – YMCA Basketball League (access required)

Where plaintiff alleges in his motion for judgment that he was injured while playing in a YMCA basketball league because the YMCA was negligent in allowing a liquid substance to leak through the ceiling and onto the gym floor, the ...

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Contract – National Health Service Scholarship – Default On Service Obligation – Contract Defenses (access required)

Although the physician who received scholarship support through the National Health Services Corps Scholarship program practiced medicine in an area adjacent to the District of Columbia location where she originally was supposed to serve, this service did not fulfill her ...

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Contract – Government Contract – Overcharging – Qui Tam Action (access required)

Although the United States missed both the original and extended deadlines under 31 U.S.C. § 3730 for filing its election to intervene in this qui tam action against a government contractor, the government’s failure to timely comply with the statute ...

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Criminal – Habeas Corpus – Abuse Of Writ (access required)

Where petitioner has not stated a “cause” for his failure to raise in his first two habeas petitions, his claims that he was incompetent to stand trial and his counsel was ineffective in not raising the incompetency claim the third ...

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Criminal – Kidnapping Statute – Consensual Trip (access required)

Although defendant contends he cannot be convicted of kidnapping under the Federal Kidnapping Act, 18 U.S.C. § 1201(a), because the fact that his former girlfriend did not take advantage of opportunities to escape meant she was on the trip voluntarily, ...

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Property – Commercial – Cable TV Access – Utility Easements (access required)

Where a 1955 utility easement in a West Virginia subdivision allowed the “installation, erection, maintenance, repair and operation of electric transmission and distribution pole lines, and electric service lines, with telephone lines thereon,” this easement, interpreted under West Virginia law, ...

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Civil Practice – Discovery – Corporate Acquisition – Business Judgment Rule (access required)

Where plaintiff food company seeks a declaratory judgment that its actions under the Virginia Control Share Acquisition Act and the Virginia Affiliated Transaction Statute, taken to resist an acquisition attempt by Tyson Foods, were constitutional, and that a rights plan ...

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Employment – Health Benefits – Dependent Child (access required)

Where the infant’s natural father stated that he provided the majority of support for the infant, who was hospitalized from the time of her premature birth until her death three months later, but the father did not claim the child ...

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