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Opinion Digests

Medical Malpractice – Failure To Diagnose – Breast Cancer – Mammogram – Statute Of Limitations (access required)

Where plaintiff alleges defendant physician on Nov. 26, 1989, improperly interpreted plaintiff’s mammogram as normal, when the mammogram allegedly showed an abnormal cancerous lesion in her right breast, defendants have failed to demonstrate that plaintiff’s medical malpractice action, filed two ...

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Criminal – Cocaine – Sentencing – Allocution (access required)

Where the trial judge asked defendant after sentencing whether defendant wanted to address the court, then told defendant to confer with his counsel first, and counsel told the judge that defendant would respond with a letter to the judge, defendant’s ...

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Civil Rights – Employment – Section 1983 – Army Anesthesiologist – Restrictions On Practice – Qualified Immunity (access required)

Where plaintiff anesthesiologist sued the U.S. Army under 42 U.S.C. § 1983 for its refusal to extend full practice privileges to her on the ground of her incompetence, the district court dismissal of the suit for failure to state a ...

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Search & Seizure – Electronic Surveillance – Postal Worker – Stolen Mail (access required)

Where U.S. postal inspectors placed an electronic tracking device inside a sealed pouch reserved for bank deposits, and then tracked the device inside defendant’s van as he drove away from his day’s work delivering U.S. mail for a private contract ...

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Taxation – Non-Charitable Gifts – Checks – Relation-Back Doctrine (access required)

Where the taxpayer’s son, who had power-of-attorney to make gifts to the taxpayer’s heirs, deposited two $10,000 checks to himself and his wife on December 31, 1985, but the checks did not clear the taxpayer’s account until January 2, 1986, ...

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Civil Rights – Prosecutorial Immunity – Conspiracy – Exculpatory Evidence (access required)

Although plaintiff contends defendant prosecutor conspired with defendant sheriff to withhold materially exculpatory evidence concerning the expressed desire of plaintiff’s ex-wife to shoot herself and make it look as though plaintiff had done the shooting, the district court properly dismissed ...

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Appeals – Alternative Holdings – Medical Malpractice – Collateral Source Rule (access required)

Although the district court ruled in the alternative and at length that Virginia’s “collateral source rule” allowed a medical malpractice plaintiff to introduce into evidence bills sent to her by the non-HMO hospital that treated her, the appellate court will ...

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Bankruptcy – Lien Avoidance – Impairment Of Homestead Exemption (access required)

Where the bankruptcy court avoided the creditor’s entire judicial lien against debtors’ real property, instead of just the amount of the lien that impaired the debtors’ homestead exemption, the bankruptcy court’s judgment is reversed. The bankruptcy court concluded that the ...

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