Although plaintiff has filed a law suit on issues identical to those contained in his grievance against the city, the city is not allowed to stay an administrative grievance pending the outcome of judicial proceedings based upon the same facts ...
Read More »Administrative – City Employee Grievance – Administrative Proceeding – Lawsuit
Contract – Ambiguities – Parol Evidence 
Where the sales contract’s only limitation on the liability of the sellers which reasonably can be inferred from the language of the sales contract relates to the issue of title which would run with the deed of conveyance, the court ...
Read More »Real Property – Homeowners' Ass'n – Restrictive Covenants – Amendments – 'Vote' 
Although the subdivision property owners’ association members did not congregate in a meeting in order to vote on amendments to the subdivision’s restrictive covenants, the use of other means to obtain the necessary approval of 75 percent of the property ...
Read More »Commercial – Promissory Note – False Pretenses – 'False Pretenses' 
Where sellers and buyers, in order to enable buyers to obtain financing for the real estate purchase through the bank’s “low-documentation” loan program, falsely represented that buyer would be putting down 25 percent of his own cash as a down ...
Read More »Workers' Comp (307284) 
Discharge For Cause Although claimant, a meter reader, was discharged for cause after she had returned to work from a period of temporary total disability, claimant is entitled to an award for temporary total disability. Claimant was admitted to the ...
Read More »Administrative – Black Lung Benefits – Statutory Presumption – Rebuttal 
Where a physician’s opinion that the coal miner’s mine employment did not contribute to his cardiac disease or his diabetes does not rule out a causal relationship between the miner’s disability and his coal mine employment, the administrative law judge’s ...
Read More »Criminal – RICO – Drug Manufacturers' Conspiracy – Pattern Of Racketeering 
Where the pharmaceutical corporation is suing several other drug manufacturers for alleged numerous violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961, as well as for damages for false advertising under the Lanham Act, 15 U.S.C. ...
Read More »Civil Rights – Constitutional – Eighth Amendment – Excessive Force – Civil Practice – Summary Judgment 
Where the prisoner-plaintiff was never directly asked whether he was creating a disturbance prior to the incident in which he claims to have been injured by a guard’s use of excessive force, and where the logical inference from the prisoner’s ...
Read More »Criminal – Drug Conspiracy – Fourteen Conspirators – Seven Years – Loosely-Knit 
Where five defendants were convicted for conspiracy to distribute heroin, cocaine, and crack cocaine largely based on testimony of co-conspirators who plead guilty, and the conspiracy was loosely-knit and extended over seven years, the following assignments of error are rejected: ...
Read More »Criminal – Extortion – Hobbs Act – Bulgarian National – Interstate Commerce – Sentencing – Vulnerable Victim 
In this prosecution of defendants for a scheme to extort money by threatening a Bulgarian national and his family who recently had arrived in the U.S., although the bank account used by the Bulgarian to make payments to defendants also ...
Read More »