FIREARMS/INDIANS: Although 921(a)(33)(B)(i)(I) includes 6th Amendment minimum in all state and federal proceedings and a more expansive right to counsel in many states, a misdemeanor conviction in tribal court may qualify as predicate to 922(g)(9) [Read more…]
Archives for 2013
Settlements
Plan I
Christine Jones-Redifer, foot/ankle/leg, 12/07, disputed future medicals, $75,000, stipulated judgment; Kenneth Thomas for Jones, Todd Hammer for Rosauers Supermarkets [Read more…]
Wages/wrongful discharge, $900,010 verdict/fees
WAGES/WRONGFUL DISCHARGE: Extra-duty time not “wages,” overtime/vacation improperly submitted to jury as 180-day limitations period applies to both wages and penalty, $367,750.51 fees/costs for nonsegrable wage claims also reversed… liability of president improperly submitted to jury… mention of amount of [Read more…]
Class action, State benefits plan, “experimental”
CLASS CERTIFICATION: Class of all State employee benefits plan participants/beneficiaries who were denied benefits based on “experimental for research” exclusion properly certified, but whether State breached its contract fails 23(b)(3) predominance because individual assessments needed… remanded for [Read more…]
Choice of law, Michigan bank, supervisory control
CHOICE OF LAW: Request for supervisory control of Krueger as to “deemed denied” rulings on claim of Michigan law not sufficiently supported… order. [Read more…]
Shareholder agreements, expiration, web provider
SHAREHOLDER AGREEMENTS expired after 10 years by operation of 35-1-820(2)(c), invalidity not precluded by prior preliminary injunction stating the Defendant must remain a director as the issue was not considered at that time… Salvagni. [Read more…]
Indoor Clean Air, smoking shelter/clubs
INDOOR CLEAN AIR: County’s prior admissions that “roofed smoking shelters” are “partially open to the outside air” dispositive under UDJA that smoking club shelters are not “enclosed rooms” or “places of work” under MCIAA… Pinski. [Read more…]
Defense verdict, FELA, slipped engine hatch, brain
VERDICT: Defense, FELA, slipped locomotive hatch door, traumatic brain/neck. [Read more…]
Service of process, evasion, equitable estoppel
SERVICE OF PROCESS not effected by personal service (insurance agent not authorized to accept) or via SOS (“unclaimed” not same as “refused”), statutory presumption for estoppel not [Read more…]
Ski operator negligence, chairlift safety standard
SKI OPERATOR NEGLIGENCE: Industry chairlift safety standard not adopted by government agency, not conclusive as to standard for unloading accident, expert still required to determine whether lift [Read more…]
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