DRUGS: Plain-error review denied as to applying Goetz warrantless electronic monitoring ruling… officer’s testimony that conversations he overheard between CI and Defendant were consistent with a drug deal were not present-sense impression under 803(1), but opinion under 701… Deschamps affirmed (other grounds). [Read more…]
Archives for 2009
Wage claim, $8,680 overtime, $8,680 damages
WAGE CLAIM: Fees properly denied under FLSA because claim brought in DLI rather than court… 2-year recovery period rather than 3 because conduct not willful/intentional… HO Scrimm properly awarded $8,680 overtime wages, $8,680 liquidated damages, increased award from [Read more…]
Constructive discharge, $240,000, sales rep
CONSTRUCTIVE DISCHARGE: $240,000 judgment for sales rep whose territory expanded to “not doable” size affirmed… Ostby affirmed (unpublished). [Read more…]
Social Security, Crohn’s disease
SOCIAL SECURITY: No evidence that Crohn’s disease not “severe,” no good reasons for rejecting treating physician’s opinions… denial reversed, remanded for steps 3-5… Reed/Ostby reversed (unpublished). [Read more…]
Software contract, statute of limitations
SOFTWARE CONTRACT: 4-year UCC statute (not 8-year contract statute) applies per Agreement to breach of licensing agreement… claims barred by Plaintiffs’ admitted knowledge/suspicions of breach more than 4 years before suing… Molloy. [Read more…]
Procedure, pretrial order amendment
PROCEDURE: Pretrial order amendment rulings in truck driver’s disability insurance case… replacement of designated corporate witness denied… case subsequently settled… Lynch. [Read more…]
Settlements
Plan I
Nancy Cullinan, face, 5/07, disputed, $40,000, stipulated judgment; Marvin Howe for Cullinan, Oliver Goe & Chad Vanisko for MSGIA [Read more…]
Disability, condo elevator, law office
DISABILITY ACCOMMODATION: 9-month delay in opening elevator to lawyer’s disabled clients did not constitute failure to accommodate by condo owners association… property manager not liable to charging party as agent of association… Gregory Hanchett. [Read more…]
Negligence, student vehicle attack of jogger
NEGLIGENCE: Not foreseeable to school that student who wrote “black humor” paper would deliberately run over jogger 17 months later intending necrophilia… not necessary to address custody/control relationship vis-à-vis misfeasance… Macek affirmed (other grounds). [Read more…]
Prosecutorial immunity, revocation v. intervention
PROSECUTORIAL IMMUNITY: State not immune from contract/due process claims for revocation petition in breach of intervention agreement… liability for breach of contract determined by collateral estoppel… summary judgment properly denied on due process [Read more…]
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