Quantcast
Home / Opinion Digests (page 3670) /

Opinion Digests

Civil Practice – Severance – Two Independent Auto Accidents (access required)

Where plaintiff alleges that while he was recuperating from his first auto accident, he became involved in a second auto accident with an entirely different driver, plaintiff is entitled to try both lawsuits against the two separate drivers in one ...

Read More »

Criminal – Grand Larceny – Officer's Inconsistent Accounts (access required)

Although the police officer who observed defendant remove items from a retail store where he had been cleaning offered trial testimony that was somewhat inconsistent with his notes about what transpired that evening, the court concludes the officer did not ...

Read More »

Workers' Comp – Lien Against Third-Party Recovery – Employer's UM Coverage (access required)

Where the deputy commissioner, in determining claimant’s gross recovery for assigning the employer’s carrier a pro rata share of the attorney’s fee, included $50,000 received from the third-party tortfeasor, as well as $25,000 in uninsured motorist coverage from the employer’s ...

Read More »

Criminal – Conversion Of Government Property – Computer Equipment – Jury Instruction – Mens Rea (access required)

Where defendant, a career employee of the National Security Agency, removed from agency premises two laptop computers and an IBM personal computer, and used this equipment in her own operation of a liquor store, defendant’s conviction on two counts of ...

Read More »

Criminal – Racial Bias In Jury Selection – Batson Challenge – Mother About Same Age – Evidence – Other Acts (access required)

Where the prosecutor said he exercised a peremptory strike against a particular juror who was an African-American female who was about the same age as defendant and also a mother, this was a sufficiently race-neutral reason for the strike and ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »