FLSA: Fact issues as to overtime status precluded summary judgment/directed verdict… liquidated damages proper despite jury finding no willfulness… $95,738/ $90,675 fees [Read more…]
Archives for February 2010
Lending breach, $1 million request, $852,000 loan
LENDING BREACH: “Conditional Pre-Approval” for $1 million loan, even if considered under fraud exception to parol evidence rule, would not have supported fraud as result of [Read more…]
Indians, jurisdiction, med-mal on Reservation
INDIANS: Non-member widow of member had right to sue in State Court for med-mal allegedly occurring on CSK Reservation… Lympus reversed. [Read more…]
Indians, CFSD jurisdiction, child abuse/neglect
INDIANS: CFSD had jurisdiction for child abuse/ neglect substantiation proceedings against tribal member for alleged acts on Reservation against Indian child… McCarter affirmed. [Read more…]
Securities/insurance, elderly dealings
SECURITIES/INSURANCE: Substantial evidence of violations in dealings with elderly… hearsay objections not preserved… not necessary to address whether failure to file exceptions failure to exhaust… Lympus affirmed. [Read more…]
Procedure, “writ of review” v. appeal
PROCEDURE: Supervisory control of Baugh denied as to “writ of review” procedures in appeal from Justice Court, denial of substitution of Judge… order. [Read more…]
Grandparent custody/contact
GRANDPARENT CUSTODY/CONTACT: Paternal grandmother abandoned claim for custody, properly awarded contact with children conditioned on respect for mother’s wishes… Rule 11 [Read more…]
Double jeopardy, assault on minor, PFMA
DOUBLE JEOPARDY: Assault on minor not barred by Alford plea to PFMA… Christopher affirmed. [Read more…]
Confession, minor, sex offense
CONFESSION of 16-year-old to sex offense was knowing, voluntary, interrogation proper, conflicting intellect opinions properly weighed… Neill affirmed. [Read more…]
Incest, proof of stepdaughter relationship
INCEST: Claim that imprisoned Defendant recently learned State failed to prove victim legally “stepdaughter” rejected… mandamus denied… order. [Read more…]
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