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Opinion Digests

All elements of adverse possession claim established

In this adverse possession case, appellees’ exclusive 15-year  possession of a disputed area was unaffected when they granted appellant, the adjoining landowner, permission to install a drainage pipe in the area. Overview In 1996, Tarek and Kye Abboushi, the appellees ...

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Negligent entrustment claim moves forward

The court overrules defendants’ demurrer to a negligent entrustment claim arising from their son’s fatal shooting of two people. Plaintiff’s amended complaint alleges, in the court’s words, that “[d]efendants left their firearms unsecured and unlocked in the basement, giving [defendants’ ...

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Continued involuntary commitment standards established

Where attorneys failed to provide the district court with the factors, statistical risk predictors or other factual parameters bearing on whether the failure of an individual suffering from a mental illness to comply with the prescribed regimen of medical, psychiatric, ...

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ACCA enhancement is matter for sentencing

Where this court previously held that district courts may, consistent with the Constitution, use information “found in conclusive judicial records” to determine at sentencing that the defendant has three qualifying convictions for offenses committed on different occasions, and that ruling ...

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Post-judgment attacks on jury decision rejected

Where a jury largely found for two police officers on a motorist’s state and federal claims arising out of a traffic stop, the motorist’s post-judgment motions, challenging the verdict, expert testimony, jury instructions and the court’s management of the trial, ...

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Official defeats inadequate skin cancer care claim

Where a detainee received daily care for his skin cancer, a prison official prevailed on the inadequate medical care claim. Although the official confiscated the detainee’s bandages on one day, the detainee nevertheless received medical care that same day. Background ...

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