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Opinion Digests

Property – Foreclosure Sale – Lis Pendens (access required)

Where complainant seeks to have a foreclosure sale voided because a lis pendens had been filed against the property, this filing was not a cloud on the title and a basis for setting aside the sale. The complainant would have ...

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Negligence – Auto Accident – Release – Indemnification (access required)

Where plaintiff, the father of a 15-year-old girl who was killed when the car in which she was a passenger collided with a dump truck driven and owned by defendants, entered into a covenant not to sue the driver of ...

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Domestic Relations – Child Support – Social Security Payments To Children (access required)

Where the disabled father received a monthly social security benefit for the parties’ son who lives with the father, the court will take that social security payment for the son into account when determining child support obligations. Wife asserts that ...

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Insurance – UM Coverage – Auto Accident – Gun Discharge (access required)

Where an “interaction between the operation of the two vehicles just before the discharge of the firearm was the impetus for the accident,” the circuit court finds a strong causal relationship or connection between the accident in question and the ...

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Workers' Comp – Black Lung – Interim Presumption – Treating Physician (access required)

Where an administrative law judge denied a claim for black lung benefits on the ground that the interim presumption that claimant had pneumoconiosis had been rebutted by evidence that the miner’s disability did not arise out of the coal mine ...

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Schools – Employment – Teacher's First Amendment Rights (access required)

Where defendant school board terminated a special education teacher because of her letters to newspapers concerning mismanagement of school funds, particularly payment of board members’ travel expenses, and concerning her fellow teachers’ lack of response to a questionnaire she distributed ...

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Employment Discrimination – Disabilities Act – Attendance At Job – 'Qualified Individual' (access required)

Where plaintiff, a business school instructor, frequently was absent from her job not only because of her condition of lupus erythematosus, but also because of her son’s gastro-esophageal disorder, plaintiff’s inability to meet the job’s attendance requirements, despite her employer’s ...

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