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Court of Appeals, Eastern District

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Contracts: Breach of Contract-Batson-Challenge Prejudgment Interest

(1)Where appellant general contractor and respondent office building owner cross-appealed in a dispute arising from a construction contract, the appellant’s Batson challenge failed because it did not show that the respondent’s reason for a strike was pretext, and the judgment ...

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Civil Practice: Public Nuisance-Injunction

Where appellants challenged a permanent injunction prohibiting them from operating a commercial swimming facility on their property until certain safety conditions were met, the trial court did not err in concluding that appellants’ operation of the facility was a public ...

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Workers’ Compensation: PTD-Future Employment-Physician Testimony

Where a claimant challenged the denial of permanent total disability benefits, the Labor and Industrial Relations Commission erred by requiring the physician who testified about the claimant’s work-related injury to state an opinion on the claimant’s ability to obtain future ...

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Insurance Law: Vexatious Refusal-Sufficiency of Evidence-Deposition Testimony

Where an insurer challenged a judgment for an insured who sought uninsured motorist benefits after an auto accident, the insured made a submissible case on the insurer’s vexatious refusal to pay, and the trial court did not err in allowing ...

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Criminal Law: DWI-Closing Argument-Beer Bottle Demonstration

Where a defendant challenged a guilty verdict in a driving-while-intoxicated case, direct and circumstantial evidence supported the reasonable inference that the defendant was intoxicated while driving, and the trial court did not abuse its discretion in overruling the defendant’s objection ...

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Criminal Law: Motion to Suppress-Defendant’s Statements-Warrantless Search

Where a defendant, who was found guilty of charges including second-degree murder, argued that the trial court clearly erred in denying his motion to suppress statements that he made to police, the statements were not incriminating, and the case was ...

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