MARITAL: Due process denied by modification of parenting plan without proper notice that husband sought primary custody… Court troubled by ex parte between Judge and wife’s expert (Judge’s friend)… clarification that parental [Read more…]
Marital/Indians, separation date, tribal names
MARITAL/INDIANS: Separation date improperly adopted as 5/01 as contended at hearing by husband rather than 5/06 per pleadings… wife’s Fen-Phen settlement improperly included in estate… value of wife’s leased trust land [Read more…]
Removal, majority 3rd-party rule, diversity
REMOVAL: Majority rule against removal by 3rd-party defendants followed in product liability diversity case… removal also improper because 3rd-party Defendant failed to obtain consents within 30 days, more than 1 year after [Read more…]
Excessive force/negligent arrest, warrantless PFMA
EXCESSIVE FORCE/NEGLIGENT ARREST: No negligence per se, §1983 violation, in warrantless arrest of PFMA victim… Cebull. [Read more…]
Settlements
Plan I
Dorleen McCollough, lower leg, 11/07, disputed, $63,664 new money, stipulated judgment; Patrick Sheehy for McCollough, Leo [Read more…]
Racial, road operator, $30,000 emotional distress
RACIAL DISCRIMINATION: Construction company discriminated against African-American by allowing racial epithets, but no retaliation for firing for repeated accidents… $30,000 for emotional distress from epithets, 0 for [Read more…]
National origin, City Council speaker
NATIONAL ORIGIN DISCRIMINATION: DLI improperly dismissed claim of Turkish-origin speaker limited to 3 minutes at City Council meeting… HRC. [Read more…]
Age/disability, termination
AGE/DISABILITY DISCRIMINATION: Finding of legitimate reason for termination affirmed… HRC. [Read more…]
Medical malpractice, jury, burden, defense verdict
MEDICAL MALPRACTICE: Plaintiff deprived of fair trial by panelists’ concerns about preponderance of evidence standard, Defense counsel urging jurors not to put “black [Read more…]
Work comp bad faith, class certification
WORK COMP BAD FAITH/CLASS CERTIFICATION: Malice/punitives claims not fact intensive as to individual class members (unlike fraud claims), properly included in class action… class properly defined… Krueger affirmed. [Read more…]
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