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Opinion Digests

Insurance – Notice Of Policy Defense – Waiver (access required)

Where a liability insurance carrier that failed to notify claimants of its intention to rely on a defense that the insured boat club failed to notify the carrier of claimants’ accident at the boat club until five years after it ...

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Workers' Comp – Occupational Disease – Tendinitis Of Rotator Cuff (access required)

Where this case awarding compensation for tendinitis of the rotator cuffs and subacromial impingement was decided before the Supreme Court decision in Merillat Indus. Inc. v. Parks, 246 Va. 429 (1993), and the parties therefore did not have the opportunity ...

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Commercial – HUD Contract – Reduction Of Contract Rents (access required)

Where plaintiff real estate partnership entered into a rental assistance agreement with the Department of Housing & Urban Development, but after an audit, HUD concluded that, due to excessive charges for rehabilitation costs to the low-income housing renovated by the ...

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Civil Rights – Affirmative Action – Md. Scholarship Program – (access required)

Although the university claimed that present effects of past discrimination against blacks at the university justified maintaining a race-based restriction on a particular scholarship program, the program is struck down. The university claimed that four present effects of past discrimination ...

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Bankruptcy – Late Appeal – Excusable Neglect (access required)

Although debtor, who practices bankruptcy law, argues that he demonstrated excusable neglect for failure to timely file his bankruptcy appeal because opposing counsel failed to timely submit the order, the order was sent to his former counsel even though counsel ...

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Workers' Comp – LHWCA – Timing Of Payments – 10 Calendar Or Business Days (access required)

Although Federal Rule of Civil Procedure 6(a) employs a “business day” standard, this standard does not apply to the time period for payment of benefits under the Longshore & Harbor Workers’ Compensation Act, 33 U.S.C. § 901-950, and the unqualified ...

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Intellectual Property – Copyright – Attorney's Fees (access required)

Where plaintiff taxidermist won a jury verdict of $400,000 in his copyright violation prosecution against a defendant who ordered plaintiff’s four copyrighted taxidermy forms, removed plaintiff’s copyright notice, copied the forms and placed its own copyright notice on the forms, ...

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