ARBITRATION: Investors properly compelled to submit failed investment claims to binding arbitration . . . Deschamps affirmed. [Read more…]
Archives for 2018
Road easement, “farm house,” after-acquired property
ROAD EASEMENT: Fact issues preclude summary judgment that easement encompasses a “farm house”. . . properly found to not provide access to after-acquired property. . . Jones reversed, affirmed. [Read more…]
Sexual harassment, painting owner/employee
SEXUAL HARASSMENT: HO failed to explain how homeowners’ testimony in support of painting owner overcame testimony of employee’s corroborating witnesses, remanded for reconsideration. . . owner properly dismissed for failure to properly add as party. . . Holien/McMahon reversed, McMahon affirmed as to dismissal of employer. [Read more…]
Mandamus, teacher termination, unclaimed notice letter
MANDAMUS wrongly denied teacher who was non-renewed based on unclaimed notice mailed to old address, did not seek to evade notice to constitute “constructive notice”. . . teacher who does not receive written notice by 6/1 is “automatically reelected,” District has “clear legal duty” to renew. . . Langton reversed. [Read more…]
Attorney discipline, client funds, public censure
ATTORNEY DISCIPLINE: Joshua Van de Wetering publicly censured for client funds failings (order). [Read more…]
Water, Teton River rights, 1902 Notice
WATER: Teton Reservoir’s rights under 1902 Notice properly adjudicated. . . Ritter affirmed. [Read more…]
Defense verdict, high school football player, brain
VERDICT: Defense, hospital not negligent in connection with high school football player’s severe brain injury. . . $750,000 settlement with school district. [Read more…]
Insurance, sexual assault, FWS employees
INSURANCE: Fact issues to be resolved at trial preclude summary judgment as to coverage of alleged sexual assault by FWS officer of allegedly sleeping FWS employee at overnight stay in FWS cabin while on work trip. . . insurer has duty to defend officer. . . Christensen. [Read more…]
Insurance, neighbor harassment/nuisance
INSURANCE: Fact issues to be developed at trial preclude summary judgment as to coverage of neighbor harassment/nuisance claims. . . insurer following prudent course by defending under reservation while pursuing dec action. . . Christensen. [Read more…]
PTD/SSD offset, 1 v. 2 comp injuries
MSF entitled to SSD offset from PTD under §702(4) “because of the injury” despite Claimant having suffered 2 injuries. . . no WCC jurisdiction over tort claim alleging violation of due process by taking offset without hearing . . . Sandler. [Read more…]
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