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Opinion Digests

Defendants’ motion for ‘trifurcation’ rejected (access required)

Where a trial against prisoner transportation companies had already been bifurcated into a liability/compensatory portion and a separate punitive damages portion, the first phase of trial will not be further bifurcated because it would inconvenience the parties, the witnesses, the ...

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Bankrupt’s claims against financial institutions narrowed (access required)

Where a plaintiff in bankruptcy alleged a bank and mortgage company violated an automatic stay and committed fraud, his action was dismissed for failure to state a claim. His suit against a debt collector for allegedly violating the Federal Debt ...

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Jury to decide if defendants violated ADA (access required)

Where the record contained differing explanations for the plaintiff’s termination as controller, which came three months after he was diagnosed with pancreatic cancer and one month after he began chemotherapy, a jury will decide if his employer violated the Americans ...

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Eyewitness identification expert’s testimony partially excluded (access required)

Proffered testimony from an eyewitness expert was properly excluded because in one instance, the issue of eyewitness confidence was within the jurors’ common experience, and in another instance, the expert discussed the concept of unconscious transference but stated this did ...

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Defendant in bank fraud schemes entitled to resentencing (access required)

Where a defendant convicted in two bank fraud schemes was sentenced under an enhancement that applies when the criminal proceeds are derived from financial institutions, but the proceeds in this case came from third-party purchasers of properties, he was entitled ...

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