DEFAULT/SERVICE: Challenge to timeliness of Defendants’ 60(b) motion to set aside waived by failure to raise it below on 3 occasions… prior motions not final judgment on merits, not res judicata, but default judgments should be set aside because person served was not proper [Read more…]
Archives for June 2012
UI, limited duration employee, quit v. layoff
UNEMPLOYMENT INSURANCE: Employee who had concerns about renewing 1-year contract due to health of mother even before new contract was offered voluntarily quit, employer not chargeable for share of UI paid after she was laid off from subsequent job… DLI reversed, [Read more…]
Appellate mediation, property title appeal
APPELLATE MEDIATION: Appeal of property title summary judgment designated as appropriate for mediation as requested by Appellant and over objection of Appellees… order. [Read more…]
Substitute JP, conflicting trials, procedure
SUBSTITUTE JP: Regardless of whether JP was “absent” due to conflicting trials, statutory procedures not followed in calling in retired district judge as substitute… supervisory control of Orzech accepted, MIP trial conducted by Harkin void ab initio… opinion & order. [Read more…]
$130,000 settlement, UM, “family member,”
SETTLEMENT: $100,000 UM limits, $5,000 med-pay limits, plus $25,000, disputed “family member” status of minor daughter of divorced father. [Read more…]
Elections, political endorsements, judge candidates
ELECTIONS: Political committee’s challenge of §13-35-231 prohibition against endorsing judicial candidates (so it can transform nonpartisan elections into partisan elections and attack “left-leaning state judges”) unlikely to succeed on merits given present factual record, preliminary [Read more…]
Billboards, value of damaged signs
BILLBOARDS: Board of Adjustment ignored value of signs and cost to repair damaged signs in relation to ordinance requiring removal of signs damaged or destroyed by more than 50% of value, abused discretion in denying permission to rebuild signs… Cebull. [Read more…]
Public library, banned disruptive patron
PUBLIC LIBRARY: Disruptive patron’s privileges properly terminated… officer entitled to qualified immunity in investigating criminal trespass on library property… no showing of standard of care or that it was breached by library and officers reacting to banned patron’s aggressive conduct… Molloy. [Read more…]
Joinder/class certification
Joinder/class action certification by Petitioner alleging wrongful denial of PPD while incarcerated denied… Shea. [Read more…]
Settlements
Plan I
David Bex, upper arm, 5/09, $10,524, Leslae Dalpiaz [Read more…]
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