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Opinion Digests

Negligence – Duty Of Care – Custodian Of Correctional Alternative (access required)

Where plaintiff alleges her decedent was shot and killed by a resident of defendant institution, the “National Center on Institutions and Alternatives,” which failed to control the assailant, plaintiff has failed to allege that the institution owed a special duty ...

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Negligence – Workers' Comp Bar – Workplace Sexual Assault (access required)

Where plaintiff alleges that defendant employer knew of the risk of harassment by a third party and that she was subjected to physical, sexual attacks after her employer failed to protect her, resulting in emotional injury, plaintiff’s claim is barred ...

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Medical Malpractice – Conspiracy To Commit Malpractice – Disclosure Of Confidential Information (access required)

Where plaintiff alleges that while she was receiving prenatal care at defendant hospital, plaintiff communicated personal medical information to a hospital employee who subsequently disclosed that information to a hospital nurse and her lawyer who were defending plaintiff’s medical malpractice ...

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Wills & Trusts – Estate's Liability – Partnership Guarantee – D.C. Law (access required)

Where the partnership’s obligations under a guaranty were not in default when the general partner died, but the other general partner continued business under the partnership, despite its dissolution under the agreement and under the controlling District of Columbia partnership ...

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Criminal – Miranda Warnings – Custody – Handcuffs & Questions (access required)

Where the police handcuffed defendant and interrogated him by asking him where he got the bike, defendant was in custody and his statements must be suppressed because he had not received his Miranda warnings. However, statements defendant made the next ...

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Domestic Relations – Child Support Increase – Waiver In PSA (access required)

Where plaintiff waived all right to child support in the parties’ earlier property settlement agreement, which was incorporated into their final divorce decree, the waiver provision is unenforceable under Kelley v. Kelley, No. 931522, [VLW 094-6-106] and the court will ...

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Workers' Comp – Jumping From Wagon – Full-Time Employee – Farm Enterprise (access required)

Where claimant was injured jumping from a horse-drawn wagon in his work on a farm, the deputy commissioner properly determined that the commission did not have jurisdiction over his claim because the farm enterprise employed only two persons full-time. Claimant ...

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Environmental – Clean Water Act – Ware Creek Reservoir – Permit Veto Environmental Considerations (access required)

Where the district court failed to recognize the deference due the Environmental Protection Agency’s findings on general “environmental considerations” which supported its veto under § 404 of the Clean Water Act of a permit for construction of a dam and ...

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Civil Rights – Rehabilitation Act – Jury Trial Right Under § 504 (access required)

Plaintiff, a Virginia teacher, was entitled to a jury trial on her charge that defendant state school board’s refusal to certify her and thus allow her to continue her employment as a special education teacher after her learning disabilities prevented ...

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Banks & Banking – RTC As Receiver – State Court Judgment – Removal (access required)

Where plaintiff Resolution Trust Corporation was appointed as receiver for a savings and loan after a state court had entered judgment against the S&L but while the case was pending on appeal in the state supreme court, and after the ...

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