DUI: Medical technologist at medical center which is supervised by offsite MD qualified to draw blood… 5th DUI affirmed… Wheelis affirmed. [Read more…]
Archives for January 2016
Rehearing, out-of-time appeal petitions
REHEARING of denials of petitions for out-of-time appeals granted… order. [Read more…]
Overlength brief, deliberate homicide of student
OVERLENGTH BRIEF allowed in appeal of homicide of exchange student… order. [Read more…]
$137,190 post trial/appeal fees/costs, cancer policy
ATTORNEY FEES/COSTS: $101,867.50 fees, $35,322.88 costs incurred in cancer policy appeal and in post-trial period to appeal and certain costs incurred prior to or during trial that were inadvertently excluded in initial motion awarded, in addition to $242,050 fees and $35,046 costs previously awarded… Sherlock. [Read more…]
$964,932 default judgment, ranch sale, spring flow
DEFAULT JUDGMENT: $964,931.63 including $380,875 punitives to seller in ranch sale in which buyer alleged misrepresentation of spring flow… Cybulski. [Read more…]
Wrongful discharge, County HR Director
WRONGFUL DISCHARGE: County HR Director is “sensitive managerial or confidential position” allowing greater deference in termination… Plaintiff failed to show that business reason for termination is pretextual… policy/ retaliation claims also dismissed on summary judgment in supplemental order considering surreply after ace fell out of Defendant’s sleeve in reply… Pinski. [Read more…]
$650,000 settlement, courthouse mesothelioma death
SETTLEMENT: $650,000, courthouse janitor mesothelioma death. [Read more…]
Drugs, wiretap voice ID
DRUGS: Wiretap voice ID sufficient to support meth conviction… Watters affirmed (unpublished). [Read more…]
Sentencing, no drawing minor in sexual conduct
SENTENCING: Defendant on fair notice that he will violate supervised release if he draws minor in sexual conduct… appeal waiver enforced as sentence does not violate the law… Molloy affirmed (unpublished). [Read more…]
9th Circuit California opinion by Molloy
9TH CIRCUIT OPINION BY JUDGE MOLLOY. [Read more…]
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