WORK COMP: Late-filed challenge of constitutionality of §39-71-701(7) properly denied… Claimant received wages from sole proprietorship, properly ordered to repay $45,273 TTD… Shea affirmed (IOR I-3(d)(v)). [Read more…]
Archives for June 2009
Judge disqualification, municipal court
JUDGE DISQUALIFICATION: Disqualified municipal judge must refer affidavit/certificate to district judges, not appoint successor… order. [Read more…]
Marital, custody, property, support
MARITAL: Sole custody to father, supervised visitation by mother, proper in light of mother’s overzealous pursuit of Lyme disease treatment for children, refusal to work with those who disagree with her medical assessments… estate properly equitably divided… insufficient evidence for imputing $52,000 income to wife with 2-year nursing degree who had not worked for decade… Lympus affirmed, reversed. [Read more…]
Plea withdrawal/sentencing, statutory rape
PLEA WITHDRAWAL/SENTENCING: No objective proof that statutory rape Defendant assured at time of plea agreement of receiving low risk designation, plea withdrawal properly denied… “however slightly” standard for voluntariness of pleas (again) disapproved… supervised [Read more…]
Clandestine lab/endangerment, jury, hearsay
CLANDESTINE LAB/ENDANGERMENT: 911 dispatcher with police boyfriend properly not excused from jury for cause… detective improperly allowed to give handwriting opinion, but error harmless in light of other admissible evidence showing who occupied motel room with meth lab… Defendant opened door to hearsay by introducing [Read more…]
Procedure, post-deadline punitives claim
PROCEDURE: Dental malpractice Plaintiff allowed to add post-deadline punitives claim based on alleged concealment of lip laceration during surgery… Larson. [Read more…]
Standing, police pension/disability fund
STANDING: Police association lacks standing to challenge City’s management of pension/disability fund, claims for future retirement payments/reimbursements fail injury-in-fact test… Haddon affirmed (unpublished). [Read more…]
Arbitration, $840,078, expenses, wrongful discharge
ARBITRATION: $840,078 for wrongful discharge of software Client Business Manager for refusal to accept non-performance-based demotion under circumstances violative of personnel policies… no penalty for failure to immediately pay accrued vacation… $54,337 costs of [Read more…]
Settlements
Plan I
Gregory Kemp, low back, 6/06, $23,250, Leslae Dalpiaz
Jon Williams, low back, 6/08, $23,000, Stacy Tempel-St. John [Read more…]
Race discrimination, Hispanic, nursing home
RACE DISCRIMINATION: Hispanic nursing home employee failed to prove she was denied CNA training due to race, but improperly terminated without adequate investigation/corrective action for opining that nursing home is racist… subsequently settled… FIR, Elaine Benedict. [Read more…]
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