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Practice Area opinion

Workers’ Compensation: SIF Liability-Sufficiency of Evidence-Hearing Loss

Where a claimant challenged the denial of his claim against the Second Injury Fund for benefits, the claimant failed to meet his burden to show that he was permanently totally disabled due to a combination of his preexisting Parkinson’s disease ...

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Workers’ Compensation: Challenge to Awards-Hampton-Framework

Where appellants argued that workers’ compensation awards were contrary to the overwhelming weight of the competent and substantial evidence, the arguments ignored the framework required under Hampton v. Big Boy Steel Erection, so the appellants’ arguments lacked persuasive or analytical ...

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Insurance: Automobile Policy-Uninsured Motorist-Owned-Vehicle Exclusion

Where plaintiff, who was injured in an auto accident with an uninsured motorist, challenged the trial court’s grant of summary judgment in favor of an insurer and upholding an owned-vehicle uninsured motorist exclusion clause in two auto policies covering vehicles ...

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Criminal Law: Post-Conviction Relief-Shackled Defendant-Effectiveness of Counsel

Where a defendant argued that the trial court erred in denying her motion for post-conviction relief after an evidentiary hearing due to her appearance at trial shackled in an ankle bracelet, the defendant did not present any testimony or evidence ...

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Criminal Law: DWI-Consensual Encounter-Reasonable Suspicion

Where a defendant, who was convicted of misdemeanor driving while intoxicated, challenged the trial court’s refusal to suppress evidence and statements, the initial contact between the defendant and the arresting officer was consensual, which developed into a reasonable suspicion of ...

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Insurance Law: Life Insurance Proceeds-Interspousal Agreement-Divorced Spouse

Where appellant filed an action against her ex-husband’s estate claiming that his life insurance proceeds belonged to her, the appellant’s designation as beneficiary was revoked since she did not show that the interspousal agreement or the final judgment expressly provided ...

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Immigration: Standard of Review-Deferral of Removal-Lack of Finding

Where a petitioner from Somalia claimed that the Board of Immigration Appeals improperly supplanted the immigration judge’s findings with its own after the immigration judge granted a waiver of inadmissibility and deferral of removal, there was no showing that the ...

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