WRONGFUL DISCHARGE/DISCRIMINATION claims of dental employee who was prescribed medical marijuana and fired for failing drug test pursuant to Workforce Drug & Alcohol Testing Act properly rejected on summary judgment… Fehr affirmed (memorandum). [Read more…]
Archives for November 2023
Estate property/trust, disabled settlor
ESTATE PROPERTY/TRUST claims properly resolved in favor of Defendants on summary judgment and bench trial except attorney fees improperly awarded without reasonableness hearing… Allison affirmed, reversed (memorandum). [Read more…]
Restitution, vandalism to 5 vehicles, single count
RESTITUTION properly imposed for damage to 5 vehicles that was alleged under single count of criminal mischief but amount for 1 vehicle improperly based on initial repair estimate rather than later lower estimate… Brown affirmed, reversed. [Read more…]
Drugs, presumption of deferred imposition overcome
DRUGS: Presumption of deferred imposition for first possession by obstreperous Defendant properly overcome but fees & costs not imposed in pronouncement improperly imposed in judgment… Cuffe affirmed, reversed (memorandum). [Read more…]
Defense verdict, pseudo seizures, MRI anxiety attack
VERDICT: Defense, hospital negligence, claimed PTSD, increased pseudo seizures, and other associated symptoms following anxiety attack in MRI machine. [Read more…]
Insurance, leveraging, settlement of UIM and MP
INSURANCE: Leveraging and other UTPA claims based on settlement of UIM and MP claims without insured sending back signed release properly rejected on summary judgment… Morris affirmed (memorandum). [Read more…]
Settlements
Plan I
Virginia Stevens, foot, 5/22, disputed, $4,000, Leslae Dalpiaz [Read more…]
Jail negligence, inmate who died from DTs
JAIL NEGLIGENCE claims by Estate of inmate who died of DTs not precluded by HRB findings of no race or alcohol disability discrimination… fact issues remain as to liability of Counties… Cuffe reversed, affirmed. [Read more…]
Subdivision MOU, street dispute
SUBDIVISION MOU street provisions properly construed but fact issues remain as to whether a majority of a quorum of the Town Council approved it… Laird affirmed, reversed. [Read more…]
Marital, medical equipment company valuation
MARITAL: Medical equipment company properly valued at time of 2014 trial ($2.2 million), improperly revalued to 2017 date of Decree pursuant to wife’s Rule 60 motion after selling for $24.5 million… Brown reversed (memorandum). [Read more…]