POLITICAL PRACTICES: Ethics complaint against former COPP Motl based on election-eve radio interview statements regarding allegedly illegal disclosure by Rep. Tschida of his ethics complaint against Gov. Bullock properly dismissed based on conclusion that one reasonable interpretation was that they were in defense of a statute rather than opposition to Tschida’s reelection… Stutz/Rienne McElyea affirmed. [Read more…]
Archives for August 2020
Elections, challenge to Graybill’s AG qualifications
ELECTIONS: Challenge to Raphael Graybill’s AG candidacy law practice qualifications rejected as not meeting declaratory judgment “urgency or emergency” factors, also intervention not necessary to prevent error… order. [Read more…]
Water, Big Warm Creek allocation
WATER: Big Warm Creek rights properly allocated… McElyea affirmed. [Read more…]
Rape, false-claims statistics improper bolstering
RAPE: Expert testimony on statistics of false claims of rape improperly bolstered accuser’s credibility in “he said, she said” case… conviction reversed, remanded for new trial… Christopher reversed. [Read more…]
Drugs, CI identity in drug buy improperly withheld
DRUGS: Identity of CI in drug buy improperly withheld, must be disclosed or charges dismissed… Gilbert reversed. [Read more…]
False arrest, illegal presence in US v. illegal entry
FALSE ARREST: JP who called Deputy to arrest witness in protective order case whom object of protective order asserted was “not a legal citizen” and the Deputy who effected the arrest not entitled to immunity from §1983 suit because it was well-established that unlike illegal entry into the US, illegal presence is not a crime… Watters affirmed. [Read more…]
Insurance, GEICO’s subrogation practices
INSURANCE: Motion to dismiss putative class action challenging subrogation practices of GEICO and related entities granted in part including rejection of boilerplate allegations of personal jurisdiction over non-contracting entities based on a conspiracy theory… Molloy. [Read more…]
Settlements
Case management order designating judges
Case management order assigning judges… Eddy. [Read more…]
Slander, Civil Service Reform Act preemption
SLANDER claims improperly dismissed without factual record to determine Civil Service Reform Act preemption of state tort claims alleging false sexual assault assertions by VA union officials… Menahan reversed. [Read more…]