PETROLEUM TANK RELEASE: County not barred by general 5-year statute for submitting eligibility applications… case improperly remanded to Board to reconsider arguments it had rejected… Menahan affirmed, reversed. [Read more…]
Archives for 2021
Attorney withdrawal, nonfrivolous issues
ATTORNEY WITHDRAWAL denied on finding by Supreme Court of nonfrivolous issues in parental termination case… order. [Read more…]
Drugs, first meth possession, large bust, 35% fine
DRUGS: DOC commitment properly imposed for first-offense meth possession in deviation from statutory presumption of deferred imposition for Defendant involved in large bust, but 35% market rate fine improperly imposed based on lack of special verdict quantity determination… Dayton affirmed, reversed. [Read more…]
Drugs, uncharged paraphernalia
DRUGS: Proposed instruction on uncharged paraphernalia properly refused to support claim that charge of meth residue in tubing was in reality “a paraphernalia case charged as a drug case”… Rienne McElyea affirmed (IOR I-3(c)). [Read more…]
DUI, startled stopped motorist driving into snowbank
DUI: Miranda and statutory and constitutional speedy trial claims properly rejected in case of motorist who drove into snowbank when startled from sleep while stopped in driving lane… Swingley/Reynolds affirmed (IOR I-3(c)). [Read more…]
Arbitration, no assent to agreement
ARBITRATION: Plaintiff did not assent to arbitration agreement expressly or impliedly, by failure to opt out, or by continuing to work for Defendant… order compelling arbitration reversed… Haddon reversed (memorandum). [Read more…]
Discriminatory termination
DISCRIMINATORY TERMINATION claims properly rejected on summary judgment… Christensen affirmed (memorandum). [Read more…]
ERISA, terminated employee, life insurance conversion
ERISA: Fact issues preclude summary judgment as to whether employer adequately advised terminally ill employee that life insurance benefits were ending thereby denying him his conversion privilege upon termination of employment… fiduciary claim against insurer properly dismissed… Christensen reversed, affirmed (memorandum). [Read more…]
Settlements
Plan I
Nichol Scribner, multiple, 11/16, $17,500, Chris Helmer [Read more…]
Disability discrimination, 12.84 years front money
DISABILITY DISCRIMINATION: $504,124.66 front pay for 12.84 years to intended retirement of RR diesel shop machinist with idiopathic spastic paraparesis improperly removed from service, on remand from HRC ordering front pay without consideration of previous practice of 4-year WDA limitation… $49,185.99 back pay, $50,000 emotional distress (reduced by HRC from $100,000… net $477,138.25 present value… Caroline Holien. [Read more…]
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