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Tag Archives: Judge Elizabeth K. Dillon

Landowners’ expert testimony limited in condemnation case (access required)

Where reference to comparable sales was wrong or speculative, possible pipeline hazards are not inherent in an easement and the substance of other appraisals was inadmissible hearsay, the landowners’ expert was barred from testifying on these topics in a condemnation ...

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Counsel’s performance was not deficient (access required)

Where trial counsel for a defendant challenging his incarceration for malicious wounding of a police officer relied on a then-recent mental competency exam and the defendant’s own denial of mental illness history, his performance was not constitutionally deficient. The defendant’s ...

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Collection letter didn’t support ‘overshadowing’ claim (access required)

Where a debt collection letter included a settlement offer that expired during the 30-day dispute window, but did not demand immediate payment or payment-in-full before 30 days, the claim under the Fair Debt Collection Practices Act was dismissed. The settlement ...

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Gross negligence claim duplicative in malpractice suit (access required)

Where a lawyer’s former client asserted he committed legal malpractice in handling her divorce, because the duties of care arose out of his professional obligations to his client, her claim for gross negligence was dismissed as duplicative of the legal ...

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‘Well-settled’ child stays in U.S. over dad’s protest  (access required)

A child whose mother refused to return her to Honduras following their visit to the United States and whose father petitioned for her return, will remain here. The father delayed in filing his petition, and the child is now well-settled. ...

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