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If a Bond Is Necessary To Appeal, This Violates Constitution

Where a company must post a bond in the amount of the penalty in order to appeal an administrative ruling to a court, this is unconstitutional, says the Texas Supreme Court. The bond requirement violates the “open courts” provision of ...

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Lie About One Item Voids Entire Insurance Policy

Where a woman told her insurance company that $18,000 worth of property had been stolen from her apartment, when only $16,000 was stolen (she fraudulently added a $2,000 computer to her list of missing items), this voided the entire policy, ...

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Employer Not Liable For Sexual Cartoon

Even though a cartoon depicting a male and female employee in a sexual act was posted on a company bulletin board, the company cannot be sued for sexual harassment, says the Michigan Court of Appeals. Although the state’s civil right ...

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Century 21 Liable for Realtor's Discrimination

Where a realtor refused to show a property to a customer because he was black, the customer can recover from the realtor and the realtor’s national franchisor (the Century 21 Real Estate Corporation), says a trial court in Pennsylvania. Century ...

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Parents Not Liable For Son's Rape

A woman who was raped by a 13-year-old boy cannot sue the boy’s parents for “negligent supervision,” says the Montana Supreme Court, in rejecting a theory based on the Restatement (Second) of Torts. Section 316 of the “Restatement says that ...

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Patient Has More Time To Sue Clinic

Even though med-mal claims against several doctors at a clinic are time-barred, the patient can still sue the clinic if her last visit there was within the limitations period, says the Illinois Supreme Court. If the entire course of treatment ...

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1993 Certiorari Granted Sexual Harrassment

The U.S. Supreme Court has agreed to provide a clearer definition of what constitutes sexual harassment on the job. The Court will decide whether a plaintiff must prove that she suffered serious psychological harm, or whether it is enough that ...

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Drug Dealer's Assets Need Not Be Forfeited

This decision is good news for banks and other mortgagees, because it makes it less likely that collateral for loans will end up being forfeited to the government. A woman who was given a $240,000 house by her drug-smuggling boyfriend ...

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Tax Lien Has Priority Over Judgment Lien

Where both a federal tax lien and a judgment lien have been filed against a person, and he then acquires a piece of property, who has first right to the property the federal government or the judgment lien holder? The ...

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