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Opinion Digests

Defendants could be charged with use of firearm during violent crime (access required)

Where gang members from rival street gangs who allegedly collaborated to facilitate a murder, several attempted murders, two assaults and other related crimes, they could be charged with using a firearm during a crime of violence because murder and attempted ...

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Photog could sue for unlicensed photo use on company’s site (access required)

Where a company hired an outside firm to create a commercial website and the outside firm used an unlicensed, copyrighted photo to accompany an article posted on one of the webpages, both the company and the owner of the outside ...

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Plaintiff awarded $2.2 million for botched surgery (access required)

Where the doctors did not adequately inform the patient about the specific risks of the surgery or a reasonable alternative, and failed to perform certain pre-surgery procedures and made errors during the surgery, the plaintiff is entitled to recover $2.2 ...

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Chef’s disability benefits ended due to ability to work in another field (access required)

Where medical testing demonstrated that a chef was capable of performing work in three alternative occupations with an earning capacity of at least 60% of what he had earned, an insurance company properly ended his disability benefits offered by his ...

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Termination based on lack of productivity, not complaints (access required)

Where a school human resources official was terminated, for a history of non-responsiveness and unproductiveness, the school board prevailed in proving her termination was not in retaliation for her complaints. Background Ms. Gooding-Williams raised three claims against FCSB. In Count ...

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Judge’s in-court comments were not basis for recusal (access required)

Where the judge’s comments about the defendant were in direct response to the defendant’s conduct, they did not reflect a wrongful or inappropriate prejudice. Background Walter Graves is charged in a one-count indictment with a bank robbery that occurred on ...

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Wire fraud conspiracy defendants not prejudiced by joint trial (access required)

The defendants, who persuaded their elderly victims to transfer money to the defendants based on postured romantic relationships, failed to persuade the court that the district court made errors during their trial that would have changed the outcome. Background The ...

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