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Opinion Digests

Contract – Arbitration – Md. Health Claims Arbitration Act (access required)

The Court of Appeals of Maryland responded to our request for its opinion in an opinion filed Nov. 15, 1993. Pursuant to the opinion of the Court of Appeals of Maryland, this case is remanded to the district court for ...

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Commercial – Motor Contract Carrier – 'Undercharge' Claim (access required)

Although the motor carrier contends it undercharged the shipper because its agreement with the shipper did not qualify it as a motor contract carrier and thus it should have charged at the higher rates for motor common carriage, the district ...

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Criminal – Search & Seizure – Scope Of Search Warrant – Unmentioned Firearm – Good Faith Exception (access required)

Although the pistol seized in defendant’s apartment was not included in the warrant as an item for which the search was authorized, the pistol nevertheless was properly seized when it fell from a closet shelf and the officer, when unloading ...

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Commercial – Sales – Contract Formation – Performance (access required)

Where defendant supplier of gas products sent a distributor’s agreement to plaintiff, who had purchased assets from a former distributor, with an attachment requesting the new distributor to, prior to a certain date, either conduct an audit of cylinders supplied ...

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Civil Rights – First Amendment – Personalized Auto License Plates – Reference To Deities (access required)

The policy of the Virginia Department of Motor Vehicles prohibiting references to deities in personalized license plates issued by the Department is a viewpoint-based regulation of speech in a non-public forum which violates the First Amendment. Plaintiff is entitled to ...

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Bankruptcy – Dischargeability Of Debt – Exception – Collateral Estoppel – State Court Consent Judgment (access required)

Although plaintiff creditor obtained a prepetition state court judgment in which the chapter 7 debtor consented to the entry of judgment on the basis of fraud, the creditor nevertheless is not entitled to summary judgment on his motion which asserts ...

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Commercial – Creditor's Rights – Fraudulent Conveyances – Transfers To Son – Payment Of Father's Debts (access required)

A creditor may obtain personal judgments against transferees who participated in a debtor’s scheme to defraud creditors where the transferees, the debtor’s son and the son’s girlfriend, did not return the cash to the debtor before the creditor attacked the ...

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