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Opinion Digests

Attempt to voluntarily dismiss suit rejected (access required)

Where an employee asserting a claim for retaliation attempted to voluntarily dismiss his suit a month before trial, after the employer answered the complaint, moved for summary judgment and prepared for trial, the employee’s request was denied. The employer was ...

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Delay in trial didn’t violate Sixth Amendment rights (access required)

Where a trial delay was caused by several factors beyond the government’s control, including COVID-19, defendant’s medical problems and a weather-related travel delay, and the defendant showed no resulting prejudice, his motion to dismiss the indictment on speedy trial grounds ...

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Fraud claim that lacked specificity dismissed (access required)

Where a pro se plaintiff sued five defendants for “illegal non-judicial foreclosure,” “bankruptcy fraud on a mortgage,” “mortgage fraud” and “escrow fraud,” but her complaint contained zero facts or supporting evidence, and she failed to plead the fraud claims with ...

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Prison, medical employees may be liable for detainee’s death (access required)

Where the administratrix for a detainee who died from gallstones sued prison and medical officials, their motions to dismiss were largely denied because the complaint plausibly alleged facts showing deliberate indifference, gross negligence and ordinary negligence. Background This action arises ...

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