CONTRACT: Waiver of right to protest SIDs for subdivision-related road improvements constituted contract between predecessors, no need to resort to “operation of law,” but provision for alternate financing if no SIDs void for lack of [Read more…]
Archives for January 2014
Employee benefits, sick leave payout termination
EMPLOYEE BENEFITS: Employer handbook not standardized group employment contract, sick leave bank payout terminable at any time… accrued leave not vested for employees with under 25 years, not deferred compensation or wages under Wage Act… Curtis affirmed. [Read more…]
Jury, removal for cause
JURY: Judge’s questioning not attempt to prompt panelist to recant initial statements, but to clarify extent experiences with law enforcement would impact ability to fairly judge witness credibility, not improper rehabilitation, removal for cause properly denied… Deschamps affirmed. [Read more…]
Plea withdrawal, ambiguous plea agreement
PLEA WITHDRAWAL: Sentencing recommendation in ambiguous plea agreement properly rejected without opportunity to withdraw… ineffective assistance claim more amenable to postconviction… Tucker affirmed. [Read more…]
$52,037,593 verdict, lending breach, TARP
VERDICT: $52,037,593, lending breach, failure to use TARP money to help struggling business… $275,251 owed by business to local development corporation. [Read more…]
$3,970,900 verdict, log falling from truck at mill
VERDICT: $3,970,899.56, log falling from truck at mill, traumatic brain/back fractures/consortium, default judgment on liability by bankrupt Defendant… pretrial stipulation that claim would be “capped” at $2.5 million including cash and stock, increased stock value increases cap to verdict amount. [Read more…]
Defense verdict, snowplow/auto
VERDICT: Defense, snowplow/auto, neck/back/shoulder/hand pain. [Read more…]
Settlement, murder pistol sold to ex-MSH inmate
SETTLEMENT: Murder of woman with assault pistol purchased with application which did not disclose mental commitment, settlement with store for confidential amount. [Read more…]
Insurance, “tough love” suicide, “arising out of,”
INSURANCE: Only “false conflict” between Utah and Montana law as to “arising out of” in context of duty to defend, Montana law applied to CGL/umbrella policies covering Utah entity that provided services to Montana residential youth program… [Read more…]
Defense verdict, wrongful discharge
VERDICT: Defense, wrongful discharge, plasma center assistant manager. [Read more…]
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