WRONGFUL DISCHARGE: Limitation period tolled until employer’s grievance procedures were exhausted, suit timely filed within 1-year statute… McMahon reversed. [Read more…]
Archives for March 2021
FELA, state law bad faith, preemption
FELA: Railroad employee’s state law bad faith claims not preempted by FELA… Bidegaray affirmed. [Read more…]
Legal malpractice/insurance, potential claims disclosure
LEGAL MALPRACTICE/INSURANCE: Rehearing denied as to ruling that coverage of $2,083,171 default and $9,157.50 discovery sanctions were properly excluded as to Firm and 2 members not involved in default or sanctions since the member who was involved did not disclose potential claims at inception of policy… order. [Read more…]
Legal malpractice, public defender
LEGAL MALPRACTICE: Rehearing denied of Opinion affirming Halligan’s rejection of claims against public defender as time-barred and lacking contract… order. [Read more…]
Probate, will
PROBATE: Rehearing denied of Opinion affirming order by Moses probating will… order. [Read more…]
Judge substitution, untimely filing fee
JUDGE SUBSTITUTION: Supervisory control of Christopher not warranted to overturn denial of motion to substitute on ground that it was untimely in accordance with filing fee requirement. [Read more…]
Marital, farm/ranch division, equalization, interest rate
MARITAL: Family farm/ranch division, equalization payment, interest rate, tax consequences… Cybulski/Simonton affirmed, reversed (IOR I-3(c)). [Read more…]
Insurance, jurisdiction, non-contracting entities
INSURANCE: Personal jurisdiction found over non-contracting GEICO entities in 2nd amended complaint challenging subrogation practices… Molloy. [Read more…]
Sentencing, withheld informant information
SENTENCING: Improperly withheld information as to one informant unlikely to alter jury’s credibility evaluation, but failure to disclose other informant’s bias and exaggerated role possibly affected jury’s determination of amount of meth trafficked and resulting stiff sentence contrary to US’s niggling view of the undisclosed information… Defendant to be resentenced with lower maximums/minimums without informant’s testimony (too many reasons to disbelieve it) absent persuasive corroborating evidence… Molloy. [Read more…]
“Not entirely credible” Petitioner, PTD
“Not entirely credible” Petitioner failed to prove that age, pain, lack of skills preclude approved JAs at nursing home, PTD claim rejected… Sandler. [Read more…]
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