CHARTER BUS: Takings/due process claims stemming from denial of grandfathered PCN under SB 140 not preserved for judicial review… denial of Class B application properly affirmed… PSC/Watters affirmed. [Read more…]
Archives for October 2014
Attorney discipline, request for disbarment
ATTORNEY DISCIPLINE: Attorney’s request for immediate disbarment to allow clients to seek client protection funds denied… order. [Read more…]
UI, reasons for quitting
UI: Work environment and Army recruitment office’s responses to employee’s concerns not so egregious or unreasonable as to constitute compelling reasons for quitting, UI properly denied… BLA/Krueger affirmed (IOR I-3(d)). [Read more…]
Procedure, 12(b)(6) deadlines, SJ conversion
PROCEDURE: Additional materials offered in response to 12(b)(6) motion does not automatically convert to summary judgment, thereby extending response deadline… motions to dismiss correctly granted for untimely response… Haynes affirmed (IOR I-3(d)). [Read more…]
DUI, city BAC ordinances, PAST/post-arrest test
DUI: City ordinances making refusal to provide breath/blood test a misdemeanor subject to $500 fine not in conflict with state law, do not impair freedom of speech… refusal of PAST did not preclude post-arrest breath test with consent… Deschamps affirmed. [Read more…]
Sanctions, frivolous contributory assertion
SANCTIONS: Equivocating admission of liability for train collision not violative of Rule 11, but continuing to assert contributory negligence after clearing conductor of wrongdoing for collision caused by other employee’s switch error requires sanctions, form to be determined post-trial… Pinski. [Read more…]
Bankruptcy/sanctions, $13,820,140 property/bond
BANKRUPTCY/SANCTIONS: Appeal from Bankruptcy Court’s denial of motion to vacate preliminary injunction moot… alternative sanctions of liability of greater of $13,820,139.84 or value of property and bond in like amount remedial in nature, not criminal, terminating sanctions may be avoided by posting bond… Kirscher/ Haddon affirmed (unpublished). [Read more…]
Real estate, Freddie Mac/agent liability for fall
REAL ESTATE: Freddie Mac, as possessor of property where Plaintiff fell through basement access, had duty to use ordinary care in maintaining the property in a reasonably safe condition and warn of hidden/lurking damages… unrelated buyer’s agents who had previously seen the opening did not have a duty… Molloy. [Read more…]
Settlements
Plan I
Robert Morton, closed head, 12/78, liability accepted, residual complaints continue to make performance of time-of-injury or any other job in Petitioner’s labor market questionable, wishes freedom to pursue medical care as he deems appropriate, $131,653 ($17,983 MSA seed plus $8,283/yr for life), David Lauridsen for Morton, Todd Hammer for Plum Creek Timber [Read more…]
Insurance, “negligence,” contract exclusion
INSURANCE: No duty to defend negligence claims based on contract… Gilbert affirmed. [Read more…]