TIMBER SALE CONTRACT: 1 route deviation necessitated by illness, 1 load limit violation, 2 delayed notifications of delayed deliveries, not flagrant disregard of contract to justify termination… CBCA reversed. [Read more…]
Archives for March 2015
RR crossing collision, removal, joinder, preemption
RR CROSSING COLLISION: RR failed to show that employee against whom negligence as to crossing safety resulting in train/truck collision is alleged was fraudulently joined in attempt to defeat diversity… no complete preemption by ICCTA, thus no federal question jurisdiction, as negligence claim would have “merely incidental” effects on RR’s operations… Plaintiff’s motion to remand granted… Watters. [Read more…]
Late-disclosed asbestos exhibit
Prejudice from late-disclosed asbestos contamination exhibit not as great as claimed, postponement of trial and costs to Petitioner sufficient, not dismissal… Sandler. [Read more…]
Settlements
Plan I
David Wilson, soft-tissue neck, 9/12, $25,000, Andrew Huppert [Read more…]
Wages, truck driver, oral guarantee, overtime
WAGES: Sufficient evidence on remand that log truck driver was not orally guaranteed $60,000/yr… fault improperly attributed to trucker for employer’s failure to keep time records, trucker produced sufficient evidence to shift burden to employer, remanded for determination of overtime… Spear/Dayton affirmed, reversed. [Read more…]
Arbitration, employee termination, waiver by delay
ARBITRATION: City’s waiver argument based on 4-year delay in pursuing arbitration of employee termination is issue for arbitrator… H. Brown reversed. [Read more…]
Equine negligence v. recreational use
EQUINE NEGLIGENCE: Supervisory control of Neill denied as to denial of summary judgment for ranch on basis that Equine Activities Act controls horse throw by non-paying guest, not Recreational Use Statute… order. [Read more…]
Attorney fees, Arbitration Board, suspension
ATTORNEY FEES: Attorney on disability/inactive status suspended for failing to respond to Arbitration Board’s order to refund fee… order. [Read more…]
Drugs, vehicle stop, erratic driving, costs/fees
DRUGS: Particularized suspicion to stop based on erratic driving… interpreter costs, administration fee improperly imposed… Simonton affirmed, reversed. [Read more…]
Drugs, dog sniff of vehicle, search warrant
DRUGS: Particularized suspicion for dog sniff of vehicle, sufficient probable cause for search warrant despite application’s mention of incident in which Defendant was stopped and a passenger was arrested for drugs but omitting that charges had been dismissed… marijuana conviction affirmed… Larson affirmed (IOR I-3(d)). [Read more…]