ROAD EASEMENT/COSTS: Prescriptive easement over road established by adverse use… video conference, deposition costs properly taxed, all mediation costs improperly taxed… Jones affirmed, reversed (IOR I-3(d)). [Read more…]
Archives for April 2014
Board of Psychologists, on-line university
BOARD OF PSYCHOLOGISTS: Licensure properly denied to on-line university graduate for failure to meet curricular rules… Board did not err in rejecting HO’s interpretations of its rules… Watters affirmed. [Read more…]
Lending breach, $52,037,593 verdict, post-trial
LENDING BREACH: Post-trial rulings on $52,037,593 verdict… challenges to general verdict form rejected… fees to be awarded pursuant to loan documents reciprocity, but based on hours, not 40% contingency… bank waived punitives cap by failure to disclose evidence of net worth, but cap also unconstitutional abrogation of right of trial by jury… award of compensatory [Read more…]
Discovery, subrogation, untimely RFA response
DISCOVERY: Amount of insurance subrogation deemed admitted under Rule 36(a)(3) for untimely response to RFAs… J. Brown. [Read more…]
Major contributing cause
Janitorial work not major contributing cause of condition… Shea. [Read more…]
Settlements
Plan I
Robert Rime, 9 claims 2/90-3/07, disputed, $65,000, stipulated judgment; Rex Palmer for Rime, Kelly Wills for Smurfit Stone (now RockTenn) [Read more…]
Sex discrimination, $119,927, bartender
SEX DISCRIMINATION: $119,926.94 including $100,000 emotional distress for 5 months of harassment of bartender that started with inappropriate language by co-owner, grew to ugly descriptions of proposed sexual contact, spun out of control into terrifying “sneak attack” sexual contacts… constructive discharge established, but retaliation not proven… Terry Spear. [Read more…]
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