ELECTIONS: §13-35-231 ban on political party endorsements of judicial candidates unconstitutional under 1st Amendment on its face, State enjoined forthwith from enforcing it or otherwise interfering with a [Read more…]
Archives for September 2012
Settlements
Plan I
Charles Denson, knee, 10/11, disputed, $13,000, stipulated judgment; Patrick Sheehy for Denson, Norman Grosfield for MACo [Read more…]
Independent psych exam, auto/pedestrian
INDEPENDENT PSYCH EXAM erroneously ordered for Plaintiff asserting only general claim for “emotional pain, suffering and anxiety” associated with physical injuries in auto/pedestrian accident… supervisory control of Macek granted… opinion & order. [Read more…]
Foreclosure/lending breach, subdivision loan
FORECLOSURE/LENDING BREACH: Foreclosure of subdivision loan in amount of $420,599 plus fees & costs and rejection of counterclaims affirmed for failure of pro se Defendants to file trial transcript or exhibits… jury demand properly denied as untimely… Prezeau/Wheelis affirmed [Read more…]
Debt collection, credit card
DEBT COLLECTION: Summary judgment properly granted for credit card company… law clerk’s signature on amended scheduling order on behalf of credit card company’s counsel who appeared telephonically not improper agency… J. Brown affirmed (IOR I-3(d)). [Read more…]
Debt collection, bankruptcy
DEBT COLLECTION: Bankruptcy discharge of alleged debt to brother res judicata to District Court claim… Gustafson affirmed (IOR I-3(d)). [Read more…]
False imprisonment, DOC placement, credit
FALSE IMPRISONMENT: Placement in DOC programs & facilities without specific order not unlawful restraint, within Judge’s discretion to not credit probation time, claim properly rejected on judgment on the pleadings… Deschamps affirmed (IOR I-3(d)). [Read more…]
Wrongful discharge, trooper, leave v. termination
WRONGFUL DISCHARGE: Trooper’s employment ended in 1962 when he failed to report for duty (over claim that he was only placed on leave without pay), 2010 complaint time-barred… Watters affirmed (IOR I-3(d)). [Read more…]
Medical marijuana, MMA injunction
MEDICAL MARIJUANA: MMA does not implicate fundamental right to employment (to sell medical marijuana), right to seek one’s own health, right to privacy (access of medical marijuana), injunction against parts of MMA reversed, remanded for rational basis analysis rather than strict [Read more…]
Sentencing, restitution, indigence
SENTENCING: Restitution properly ordered for ring which Defendant did not admit to taking and was not convicted of taking… claim that DOC commitment based on indigence rejected… Langton affirmed (IOR I-3(d)). [Read more…]