DEFAULT: $237,659.60 wrongful discharge judgment properly not set aside based on excusable neglect where registered agent received summons but HR Director initiated internal investigation rather than company filing appearance or answer… Townsend affirmed. [Read more…]
Archives for January 2020
Discrimination, state & federal claims, jury trial
DISCRIMINATION: Claimant asserting state and federal claims entitled to jury trial in State Court on federal claims… Dayton reversed. [Read more…]
Tortious interference, truck driver urination
TORTIOUS INTERFERENCE: No evidence that aviation fuel tank farm owner acted intentionally to damage fuel truck driver’s employment by complaining about him urinating on ground while waiting for employees to arrive to unlock gate… H. Brown affirmed (IOR I-3(c)). [Read more…]
Vehicle stop, color discrepancy
VEHICLE STOP: Color discrepancy between car and registration too thin to constitute particularized suspicion for stop (first impression)… marijuana evidence properly suppressed by Municipal Judge, suppression improperly reversed by District Judge… Kolar affirmed, Knisely reversed. [Read more…]
Competency, involuntary medication to bring to fitness
COMPETENCY: Involuntary medication properly ordered to bring delusional homicide defendant to fitness to proceed… petition for supervisory control considered as petition for injunction in light of both factual and legal issues… Seeley affirmed. [Read more…]
Sentencing, unwritten no parole restriction agreement
SENTENCING: Plea agreement included a no parole restriction provision which was inadvertently omitted from written agreement, parole restriction on incest defendant improperly imposed… Hayworth reversed (IOR I-3(c)). [Read more…]
Prisoner pat-down alleged sexual assault
PRISONER PAT-DOWN SEXUAL ASSAULT: Model instruction on excessive force misstated elements of 8th-Amendment violation arising from sexual assault… defense verdict on claim of sexual assault during pat-down search reversed, remanded for new trial… no abuse of discretion in not continuing trial sua sponte to allow Plaintiff to subpoena a witness… Christensen reversed, affirmed. [Read more…]
Indians, tribal traffic stop of non-Indian
INDIANS: Panel rehearing and rehearing en banc denied as to Panel’s affirmation of Watters’s order suppressing evidence from Tribal officer’s detaining non-Indian parked on federal highway on Reservation… order. [Read more…]
Supervised release “inactive” while deportee out of US
SUPERVISED RELEASE properly labeled “inactive” while Mexican is outside the US under deportation order… Haddon affirmed (memorandum). [Read more…]
Settlements
Plan I
Thomas Wood, lungs, 12/18, disputed, $50,000, Dean Blackaby
No lawyer:
Donald Hurt, shoulder(s), 3/18, $46,676 [Read more…]
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