Quantcast
Home / Opinion Digests (page 3657) /

Opinion Digests

Civil Rights – Section 1988 – Attorney's Fees – Settlement Offer – Race Discrimination (access required)

Where plaintiffs sued a motel for race discrimination, and the motel orally offered to settle a complaint before a county commission before plaintiffs filed a federal suit, the district court erred in limiting plaintiffs’ attorney’s fees to the date of ...

Read More »

Civil Rights – Child Abuse Investigation – State Record Maintenance – Qualified Immunity (access required)

Where Maryland state officials maintained records pertaining to a suspected child abuse investigation after the alleged abusers, were cleared by the Department of Social Services, the maintenance of these records during the five years prior to their expungement by statutory ...

Read More »

Civil Rights – Attorney's Fees – Prevailing Party – Catalyst Theory (access required)

Where the district court awarded plaintiff attorney’s fees under 42 U.S.C. § 1983, despite his having lost his suit to enforce an earlier civil rights settlement with the city, on the ground that his enforcement suit was a “catalyst” for ...

Read More »

Criminal – Substitution Of Counsel – Timely Pre-trial Request (access required)

Where defendant, one month before her drug trial, requested that the trial court dismiss the lawyer her family had retained and appoint substitute counsel for her, the trial court abused its discretion in refusing to appoint new counsel for defendant ...

Read More »

Securities – Commodity Futures Trading Commission – Unauthorized Trading (access required)

Although petitioner, a former professional commodity futures trader, claims that in making certain trades for a client savings and loan he was simply carrying out the instructions of the S&L’s controller who he contends was authorized by the S&L’s board ...

Read More »

Commercial – Hospital Privileges – Physician Peer Review Procedures – Statutory Immunity (access required)

Where plaintiff physician was denied staff privileges by defendant hospital after a peer review process that found deficiencies in medical record keeping, inappropriate use of antibiotics and plaintiff’s unavailability to nurses at medically necessary meetings, the defendants are immune from ...

Read More »

Banks and Banking – Statute Of Limitations – Equitable Tolling (access required)

Where the RTC brings an action against former directors of the bank for which the RTC is the receiver based on claims of improper lending to a borrower who allegedly defaulted on its loans almost four years before the RTC ...

Read More »

Securities – Bank Merger – False Statements In Prospectus – Investor's Lost Dividend (access required)

Where plaintiff investor, who purchased shares of a Virginia holding company shortly after an announcement that the Virginia company would merge with a North Carolina holding company, contends that these companies violated federal securities laws by making false statements in ...

Read More »

Search & Seizure – Search Incident To Arrest – Defendant's Property Detained – Continued Investigation (access required)

Where the police, pursuant to a lawful arrest of defendant at the airport, retained the suitcase defendant was suspected of stealing for a period of nearly 48 hours, and later searched it under authority of a search warrant procured after ...

Read More »