HOUSE DEFECTS: Purchaser of termite-ridden house who failed to get inspection failed to show misrepresentation or intentional failure to disclose, only raised suspicions… summary judgment for sellers… Seeley. [Read more…]
Archives for April 2009
Attorney fees, discrimination defense verdict
ATTORNEY FEES: Plaintiff’s rejected sex\disability discrimination claims reasonable despite defense verdict, County’s request for $90,484 fees as prevailing party denied… J. Brown. [Read more…]
Defense verdict, excessive force booking
VERDICT: Defense, excessive force booking, skull fracture during struggle, subsequent seizure & drowning.
An 11-1 Missoula jury found that Missoula Officer Andrew Roy was not negligent (no unreasonable force) in connection with his arrest of Courtney [Read more…]
Settlements
Plan I
Rex Wetzel, elbow, 7/05, disputed, $10,000, stipulated judgment; Stacy Tempel-St. John for Wetzel, Kelly Wills for MCCF
Donald Parks, low back, 5/06, $43,000, Shane Colton [Read more…]
Podiatry malpractice, expert’s undisclosed textbook
PODIATRY MALPRACTICE: Surprise reference to Plaintiff’s expert’s undisclosed textbook denied Plaintiff fair trial… defense verdict reversed, remanded for new trial… Phillips reversed. [Read more…]
Medical marijuana, employee termination
MEDICAL MARIJUANA employment termination claims preempted by federal law or failure to state claim… Stadler affirmed (IOR I-3(d)). [Read more…]
Wrongful discharge, legitimate business reasons
WRONGFUL DISCHARGE: Jury properly instructed on legitimate business reasons for discharge… $252,428+ verdict affirmed… Fagg affirmed (IOR I-3(d)(v)). [Read more…]
Arbitration/courts, LPN discharge, successor judge
ARBITRATION/COURTS: Successor judge properly granted renewed summary judgment motion… arbitration panel had power to consider procedural issue of whether employee was given proper termination notice regardless of whether parties agreed there were no procedural issues… public policy violation exception (LPN’s alleged impairment) to [Read more…]
BID, CA petition evaluation, area, assessments
BUSINESS IMPROVEMENT DISTRICT: Owners properly apprised of proposed area… City Attorney properly received & evaluated petitions and reported to Council… proposed boundary not improperly changed during petitioning… no requirement for proposed assessment until after [Read more…]
Trust, trustee removal, failure to file accountings
TRUST: No reason to remove Trustee for failure to file accountings where Trust had no income, but should file to protect rights of parties… McKinnon affirmed. [Read more…]
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