SEX DISCRIMINATION/RETALIATION hostile work environment claims by casino employee involving single incident of assault by co-worker and rape “joke” by employer rejected… Administrative Decision… Chad Vanisko. [Read more…]
Archives for 2021
Insurance, “sudden” water damage to RV wall
INSURANCE: Water damage to RV wall constitutes covered “sudden damage” under policy language… Vannatta reversed. [Read more…]
Rape, 2003 anal rape of teen, “false claims”
RAPE: Plain error review declined as to combined expert/lay testimony without cautionary instruction and failure to exclude Prosecutor from Gallagher hearing… no record-based evidence of ineffective assistance in failing to call Defendant’s requested witness or failure to elicit false sex claims statistics in light of assertion that teen lied about claim of 2003 anal rape… Best affirmed. [Read more…]
Bench judgment, $12,410,016, snowplow/auto, TBI
BENCH JUDGMENT: $12,410,016.11 for 32-year-old suffering TBI from County snowplow running stop sign and slicing into her vehicle… Rienne McElyea. [Read more…]
Social Security, hand tremors
SSD/SSI: Claimant received notice of right to representation… ALJ did not violate duty to develop record by not obtaining records from a vocational program… ALJ improperly rejected claim that hand tremors were severe… Opp/Cavan affirmed, reversed (memorandum). [Read more…]
Sex discrimination, $61,725 fees, $50,000 emotional
SEX DISCRIMINATION: $61,725 fees, $4,301.34 costs plus prejudgment/post-judgment interest awarded following affirmation of MHRA award of $50,000 emotional distress damages for hostile work environment occasioned by conduct of “sex pest” toward gay female… Molloy. [Read more…]
Insurance, claims against mother of death shooter
INSURANCE: Claims against mother of death shooter who was forbidden to possess firearms not covered by business policies… Cavan. [Read more…]
Defense verdict, ski wreck, TBI
VERDICT: Defense, ski wreck, TBI, fractured arm, fractured clavicle. [Read more…]
Settlements
Plan I
Ida Brinley, toes, 4/19, $1,000, Leslae Dalpiaz [Read more…]
Prosecutor disqualification, “necessary witness”
PROSECUTOR DISQUALIFICATION: Supervisory control denied of J. Brown’s order disqualifying “necessary witness” Prosecutor who met with underage sex victim who changed story about her age… order. [Read more…]
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