CBA covers master electrician’s numerous claims which all derived from assertion that employer let unqualified employees do electrical work, CBA remedies including arbitration must be exhausted before suing, summary judgment improperly denied for employer… McLean reversed (IOR I-3(c)). [Read more…]
Archives for June 2016
Trust, breach of ranch trust agreement
TRUST: Breach of ranch trust agreement/fiduciary duty claims precluded by ratification, failure to establish prima facie fraud… Moses affirmed (IOR I-3(c)). [Read more…]
Exculpatory evidence, vehicle “crime scene”
EXCULPATORY EVIDENCE: Attempted deliberate homicide properly dismissed due to State’s failure to retain vehicle in which victim was seated when shot… Gilbert affirmed. [Read more…]
DUI, failure to signal, claimed pretext for stop
DUI: Stop properly based on failure to signal over claim of pretext by officers who may have been “targeting” Defendant… Olson affirmed. [Read more…]
Ex post facto, aggravated DUI, BAC test refusal
EX POST FACTO not violated by 2013 aggravated DUI conviction based on 2007 refusal to submit to breath or blood test under 2011 law… Wilson/Allison affirmed. [Read more…]
Foreclosure, loan modification representations
FORECLOSURE ordered over claim of unclean hands by bank… loan modification misrepresentation claims under CPA rejected… Lynch/Molloy. [Read more…]
Plea agreement, firearms, too lenient
PLEA AGREEMENT reducing firearms export/mailing from 46-57 months to 1-6 months too lenient as not reflecting seriousness… Molloy. [Read more…]
Settlements
Plan I
No lawyer: John Hailstone, ear(s), 11, $16,000; Norma Hammerberg, mult, 15, $5,000 [Read more…]