REVOCATION: Equal protection/due process claims as to asserted insufficient sex treatment for women insufficiently supported for plain error review… failure to attend treatment sufficient for revocation despite abandonment of “denial” of original sexual assault charge… Neill affirmed (IOR I-3(d)(v)). [Read more…]
Archives for 2009
Negligence, vehicle/horse
NEGLIGENCE: No substantive evidence that driver who struck horse was not proceeding prudently… summary judgment for Defendant… Baugh. [Read more…]
$80,000 verdict, $31,495 fees, real estate commission
VERDICT: $80,000 real estate commission on oral revocation of listing agreement, $31,495 fees/costs, $27,773 interest. [Read more…]
Jurisdiction, HRC judicial review, $366,212 award
JURISDICTION: State legislatures cannot directly affect federal jurisdiction, Montana did not attempt to do so in HR judicial review procedure…Shamrock no longer good law in supplemental jurisdiction cases… Federal Court has diversity jurisdiction over HRC obese RR conductor candidate $366,212 award… Ostby reversed. [Read more…]
Settlements
Plan I
John Bernhard, neck, 6/07, $40,000, Rex Palmer
Trefley Long, low back, 7/08, $7,400, Darrell Worm [Read more…]
Disability discrimination, RR clerk trainee
AGE DISCRIMINATION claim by RR “extra board” clerk trainee rejected… Terry Spear/HRC. [Read more…]
Attorney fees, multiple HR clients, overpayment
ATTORNEY FEES: Arbitrary hours attributed to other clients improperly deducted from HR fee award for prevailing client with interrelated claims where no evidence to support segregation… $28,063 overpayment properly offset from fee award, not barred by waiver, equitable estoppel, laches, release… post-judgment interest on $61,241 fee award, no pre- [Read more…]
Procedure, appellate oral argument ruling
PROCEDURE: Oral argument denied in out-of-sequence ruling… order. [Read more…]
Procedure, appealability prior to sanctions amount
PROCEDURE: Appeal premature before determination of amount of sanctions against legal malpractice Plaintiff for spoliation… order. [Read more…]
Marital, maintenance termination
MARITAL: Maintenance properly terminated due to changed circumstances… Watters affirmed. [Read more…]
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