JUDGE SUBSTITUTION motion untimely in scenario with 2 orders calling retired Judge after retirement of presiding Judge and purported recusal of successor… McLean affirmed (IOR I-3(c)). [Read more…]
Archives for July 2020
Vexatious litigant/sanctions, cross claim v. counterclaim
VEXATIOUS LITIGANT/SANCTIONS: Intervenor County’s error in denominating request for vexatious litigant declaration a cross claim instead of counterclaim did not invalidate the request as it was sufficiently stated and understood, denial of Plaintiff’s motion to dismiss vexatious litigant declaration affirmed… but Plaintiff improperly subjected to Rule 11 sanctions for challenging the cross claim issue… Cybulski affirmed, reversed (IOR I-3(c)). [Read more…]
Appeal procedure, expedited tobacco briefing request
APPEAL PROCEDURE: State’s request to halve briefing schedule in appeal of arbitration denial in light of alleged (and denied) delay tactics denied, but no routine extensions to be granted… order. [Read more…]
Bar admission, Temporary Rule supervisor deletion
BAR ADMISSION: Comments invited on Temporary Rules amendment to remove requirement for supervising lawyer… order. [Read more…]
Wrongful discharge, mental health program manager
WRONGFUL DISCHARGE: Mental health center had good cause to terminate Program Manager for concerns about her conduct and client care, claim dismissed on summary judgment… Eddy. [Read more…]
Social Security Windfall Elimination, uniformed services
SOCIAL SECURITY: SSA’s interpretation of ambiguous uniformed-services exception to Windfall Elimination Provision given deference as applied to reduce MANG dual-status technician’s SS retirement benefits… Johnston affirmed. [Read more…]
SSD, myofascial pain, depression, anxiety denial
SSD: Myofascial pain, depression, anxiety not severe impairments additional to accepted DDD, asthma, obesity… Johnston affirmed (memorandum). [Read more…]
Settlements
Plan I
John Martelli, shoulders OD, 11/18, Sweetgrass Co., Stillwater initiated benefits subject to §608, Petitioner underwent shoulder replacements and has good recovery, treating physician has determined MMI, disputes as to state of limitations, medical causation, PTD status, $100,000 for all claims, stipulated judgment; Bernard Everett for Martelli, Joe Maynard for Stillwater Mining [Read more…]
Noncompete covenant, departing CPAs, $2,353,463
NONCOMPETE COVENANT: $2,353,463 damages properly awarded against CPAs who left with client list to start new firm, jointly & severally rather than individually (thinly-veiled attempt to invalidate Covenant as grossly unreasonable)… prejudgment interest properly awarded except 1 month too soon… discovery sanctions properly denied… Eddy affirmed. [Read more…]
Malicious pros, unfounded complaint against accountant
MALICIOUS PROSECUTION and other claims against County stemming from unfounded complaint of operating as accountant without a license in racially charged situation properly dismissed for failure to state a claim… Oldenburg affirmed (IOR I-3(c)). [Read more…]
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