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Opinion Digests

Civil Practice – Discovery – Auto Accident Case – Plaintiff's Physician – Subpoena Duces Tecum (access required)

Where defendant in this automobile personal injury case requests a subpoena duces tecum to require plaintiff’s treating physician to produce certain medical and income tax records which defendant asserts will allow him to uncover bias on the part of the ...

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Tort/Negligence (access required)

Medical Malpractice Where plaintiff husband sues defendant physician for medical malpractice alleging that because of surgery performed on plaintiff’s wife while she was under defendant’s care, but not performed by defendant, plaintiff’s wife has lost the ability to have natural-born ...

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Civil Practice – Necessary Party – Restrictive Covenants – Multiple Subdivision – Other Lots (access required)

Where complainants, a group of lot owners in a subdivision, are suing other lot owners to prevent them from subdividing and selling the subdivided portions of defendant’s lot in violation of the subdivision’s restrictive covenants, but the defendants have filed ...

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Evidence – Hearsay – Party Admission – Agent For Condominium – Employment Discrimination – Age – Willful Violation (access required)

Where a 63-year-old woman alleges she was fired from her job as racquet club manager for defendant condominium association because of age discrimination, the district court did not err in admitting into evidence statements reflecting that age bias by two ...

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Employment – Severance Benefits – Sale Of Company – Benefit Equivalency (access required)

Where the defendant’s severance plan, which it provided in anticipation that employees would be displaced after defendant sold a coal company, provided that employees could request determination of their eligibility for the severance package, with eligibility based on an “equivalent ...

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Employment Discrimination – Race – Title VII – Jury Trial (access required)

Where plaintiff’s suit alleging discriminatory discharge and discriminatory hiring and customer-relations practices at defendant karate studio was filed after the 1991 amendments to Title VII, but the suit was based on conduct which occurred before the amendments, this court holds ...

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