TEACHERS’ RETIREMENT benefits improperly received by “Director of Education” for private entity performing same functions previously performed as Superintendent of public school district… Menahan affirmed (IOR I-3(c)). [Read more…]
Archives for 2021
Marital, 90-day residency, cure by “supplement”
MARITAL: 90-day residency defect in original petition cured by “supplement,” improperly dismissed for lack of jurisdiction… Eddy reversed (IOR I-3(c)). [Read more…]
Postconviction, counsel’s delays/lack of candor
POSTCONVICTION: Appointed counsel’s delays and lack of candor improper basis for dismissing blameless Defendant’s petition… Rienne McElyea reversed (IOR I-3(c)). [Read more…]
PFMA, wine throwing, dynamite instruction
PFMA conviction affirmed over challenge to sufficiency of evidence as to alleged wine throwing and dynamite instruction… J. Brown affirmed (IOR I-3(c)). [Read more…]
Wrongful discharge, failure to exhaust grievance
WRONGFUL DISCHARGE claim denied on summary judgment for failure to exhaust grievance remedies… Rienne McElyea. [Read more…]
Easement, 1944 park gift
EASEMENT: Access to American Legion park began with gift by ranchers in 1944, matured by mid-50s, not abandoned… Cybulski. [Read more…]
Defense verdict, wrongful discharge
VERDICT: Defense, wrongful discharge, controller. [Read more…]
Neuropathy causation
Claimant failed to produce objective medical evidence and prove causation of neuropathy with medical expertise or opinion… Sandler. [Read more…]
Settlements
Plan I
Genevieve Trollope, head/brain, 12/17, disputes as to entitlement to future wage loss, impairment, TTD, Petitioner asserts — and MSGIA disputes — that she can no longer coach basketball and/or track and has suffered a wage loss and her impairment may increase and she will be entitled to TTD, $52,000 to settle indemnity, medical reserved, stipulated judgment; Andrew Miller for Trollope, Morgan Weber for MSGIA [Read more…]
Negligence, mid-block auto-pedestrian defense verdict
NEGLIGENCE: Testimony on statutes/legal conclusions properly limited in mid-block auto-pedestrian… reversal not warranted by claimed errors in admission of irrelevant medical evidence or limiting argument on a damage instruction where jury did not reach damages… UIM defense verdict affirmed… McMahon affirmed. [Read more…]
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