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Opinion Digests

Doctor’s motion to quash records subpoena granted (access required)

Where a child’s therapist, who is not a party to this divorce action, moved to quash a subpoena duces tecum of the child’s mental health care records, the motion is granted. The controlling statute allows a health care professional to ...

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Lender cannot force debtor’s usury claims into arbitration (access required)

Where the debtor alleged a lender was violating Virginia’s usury and consumer finance laws, those were “constitutionally core” claims over which the bankruptcy court could retain jurisdiction. Referring those claims to arbitration would defeat the purpose of the Bankruptcy Code ...

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Ex-employee must return data, no damages for company (access required)

Where a company did not show it was damaged by an employee who breached his employment contract by retaining company documents after his termination and was ordered to return them, the company recovered no monetary damages. Background Defendant Christopher Steinke ...

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Plaintiffs given opportunity to avoid transfer of case (access required)

Where buyers agreed to an Indiana forum-selection clause when they purchased a new recreational vehicle, and the manufacturer was unable to repair several defects, they were granted a hearing to demonstrate that the clause should not be enforced because it ...

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Denied benefits, woman challenges expert’s testimony (access required)

Although a woman argued her residual functional capacity, which limits her to “simple, routine, repetitive tasks,” conflicted with the vocational expert’s testimony about the category of tasks she is able to perform, there is no inconsistency between her  capacity and ...

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