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Court of Appeals, Eastern District

Employment: Retaliation and Constructive Discharge-Lien on Punitive Damages

The state as intervenor appealed from the denial of its petition to enforce a lien, for deposit into the Tort Victims’ Compensation Fund, that the state purported to have on punitive damages awarded to plaintiff in her wrongful-termination case against ...

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Criminal Law: Domestic Assault-Opinion Testimony

  Where a defendant challenged his convictions in a domestic-violence case, the trial court abused its discretion by allowing the opinion testimony of an investigating officer who commented on the defendant’s guilt and vouched for the victim’s testimony and the ...

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Probate: Irrevocable Trust-Income Distributions-Breach of Fiduciary Duty

Where a co-trustee challenged a probate court judgment allowing income distribution to the grantor’s grandson, the court improperly interpreted the trust as it related to the trustee’s ability to request the grandson’s financial information before authorizing the distribution, but the ...

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Negligence: Auto Accident-Proximate Causation-Comparative Fault

Where appellant and respondent both claimed injuries as the result of an auto accident between the appellant’s personal vehicle and a garbage truck driven by respondent, the trial court erred in finding that the appellant could not prove proximate causation ...

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Corporate Law: Limited Liability Company-Member Status-Involuntary Withdrawal

Where a plaintiff brought a declaratory judgment action to determine the limited liability company member status of defendant in a dispute arising from the defendant’s alleged misuse of LLC funds, the filing of a petition to determine LLC status did ...

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