Where plaintiff’s suit alleging discriminatory discharge and discriminatory hiring and customer-relations practices at defendant karate studio was filed after the 1991 amendments to Title VII, but the suit was based on conduct which occurred before the amendments, this court holds ...
Read More »Employment Discrimination – Race – Title VII – Jury Trial
Appeals 
Stay Of Injunction Where defendant has not demonstrated that it is likely to prevail on the merits of its appeal, the court denies its motion for a stay of the district court’s preliminary injunction pending appeal. The merits of the ...
Read More »Taxation – Gift Tax Refund Claim – Statute Of Limitations – Equitable Tolling 
Where plaintiff, who is now deceased, in 1988 sought a gift tax refund for taxes paid with a gift tax return for the third quarter of 1980, based on the fact that plaintiff’s incapacity allowed her physician and lawyer to ...
Read More »Employment Discrimination – Sex – Sexual Harassment – Congressional Employee 
Plaintiff’s claim relating to her termination as a Congressional employee in 1981 is dismissed because she has failed to cite either statutory or case authority that subjects the termination of a congressional employee to judicial oversight and because plaintiff has ...
Read More »Civil Rights – Abortion Clinics – Freedom Of Access Act – Constitutionality 
Where plaintiffs wish to continue expressing their opposition to abortion on moral, religious and other grounds, their lawful actions which do not result in physical obstruction of medical facilities where abortions are performed are not prohibited under the Freedom of ...
Read More »Contract – Modification – Private Water Services – Unilateral Rate Change 
Where the contract between the mobile home park owner and the private water and sewer company called for the provision of water and sewer services “until this contract is terminated or otherwise becomes canceled or null and void,” and established ...
Read More »Property – Pipestem Easement – Summary Judgment 
Where a developer, on behalf of two purchasers who appeared to be left without vehicular access to the lot they purchased, sued the owners of adjacent lots on a cul-de-sac, the trial court erred in granting summary judgment in favor ...
Read More »Negligence – Auto Accident – Jury Instruction – Sudden Emergency 
Although evidence indicated that defendant’s car came through an intersection, causing plaintiff to swerve and strike a guardrail, because defendant’s engine stalled and he lost powers in his power-assisted brakes, defendant was not entitled to a jury instruction on “sudden ...
Read More »Negligence – Workers' Comp Bar – Student Intern – Horse Farm – Dog-Bite 
Where plaintiff, while employed as a “working student” at defendant’s horse farm, was severely bitten by a Doberman pinscher owned by plaintiff’s roommate, another working student, this injury did not “arise out of” plaintiff’s employment at the farm, and the ...
Read More »Criminal – Cocaine Distribution – Selling Near School Yard – Prior Act 
Where the trial court allowed into defendant’s trial for distributing cocaine within 1,000 feet of a school evidence that defendant was seen exchanging something with an unidentified man approximately 20 minutes before the alleged sale with which he was charged, ...
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