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Opinion Digests

Trustee’s lack of due diligence caused stock overpayment (access required)

A trustee’s unjustified reliance on a stock valuation and its failure to conduct sufficient due diligence resulted in an Employee Stock Ownership Plan paying well over fair market value to purchase shares in the company that were owned by the ...

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Special relationship, respondeat superior claims reinstated (access required)

Plaintiff , a young sexual abuse victim, has adequately pleaded that there was a special relationship between her and defendants, a local church and its national denomination, which created a duty to protect her from a church deacon who defendants ...

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UIM payment does not affect verdict amount (access required)

A $1.5 million jury verdict against defendant cannot be offset by plaintiff’s $750,000 payment from her uninsured/underinsured motorist policy. Facts White was driving when Llewellyn backed out of her driveway and struck White’s vehicle. White was seriously injured and sued ...

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Failure to raise mootness dooms custody ruling challenge (access required)

Although a guardian ad litem challenged the lower court’s dismissal of a case involving protective orders for three minor children before he could present evidence affecting the father’s attempts to gain custody, he did not raise the issue of mootness ...

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Previously resolved case is reinstated, then dismissed again (access required)

Where a trial court erroneously reinstated its previously decided cases involving child support and arrearages, it realized its mistake and correctly vacated its reinstatement order. There was no error in denying a motion to reconsider. Background In 2016, Carolyn Rumbaugh ...

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Defendant’s challenges to conviction largely dismissed as harmless error (access required)

Where the trial court refused to allow testimony about the victim’s violence and where the court denied a motion for mistrial based on juror bias, the errors claimed by the defendant were harmless in light of the overwhelming evidence of ...

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Collateral estoppel bars legal malpractice claim (access required)

Where a federal jury determined that plaintiff knowingly violated the False Claims Act despite her argument that she relied on the advice of counsel in good faith, plaintiff is collaterally estopped from suing the law firm for malpractice in state ...

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