PREGNANCY DISCRIMINATION: $108,628, beauty salon worker fired because of medical restrictions against bending to perform pedicures… insubordination defense weighed in light of “work first, grieve later” principle… Terry Spear. [Read more…]
Archives for February 2013
Settlement enforcement, emailed MOU
SETTLEMENT ENFORCEMENT: Emailed MOU is written, electronically signed, settlement reached at mediation of Colstrip pollution claims, attempt by one ranch to repudiate following tax advice properly rejected… MOU not improperly “re-written” to change purchase option to first refusal… [Read more…]
Wages, auto dealership “salesman”/service
WAGES: Auto dealership “salesman” includes any salesman primarily engaged in servicing vehicles per FLSA, not just those selling vehicles per regulation, statute controls over [Read more…]
Incest, recorded pretext calls, photos
INCEST: Recordings of pretext calls between daughter and father violated Allen, but harmless error… explicit photos admissible under 401 & 402, not excluded by 404(b) or 403, not necessary to analyze under transaction rule… conviction affirmed… Newman affirmed (other grounds). [Read more…]
DUI, 4th, prior silent record
DUI: Claim of failure to advise of attorney in prior DUI based on silent record, self-serving statements properly rejected… 4th DUI affirmed… Langton affirmed. [Read more…]
Sentencing, separate PFOs
SENTENCING: Separate PFOs illegally imposed by Langton… habeas granted… order. [Read more…]
Child support judgment, alter ego, corporate veil
CHILD SUPPORT JUDGMENT: Corporation found to be alter ego to avoid divorce judgment, veil pierced… Rule 11 sanctions denied… $160,655 judgment against corporation for past-due child support…Stadler. [Read more…]
$41,625 verdict, $32,590 fees, disputed alleyway
VERDICT: $41,625, breach of partial assignment contract, disputed alleyway access to apartment complex/ condos, $32,590 fees, $1,356 costs. [Read more…]
$12,500 verdict, open intersection MVA
VERDICT: $12,500, open intersection MVA, admitted liability, soft-tissue low back. [Read more…]
Wrongful occupation, groundwater pollution
WRONGFUL OCCUPATION: MCA 27-1-318 does not prevent pursuit of other claims, but Plaintiffs may not double-recover loss-of-use damages from alleged pollution under wrongful occupation and some other theory such as trespass or nuisance… Molloy. [Read more…]