JURISDICTION: Supervisory control of Dayton and Newman denied as to their finding of jurisdiction over Kansas manufacturer of fiberglass components of bus that overturned [Read more…]
MRCivP revisions
MRCIVP REVISIONS: Proposed revisions available for review, comment… order. [Read more…]
Supreme Court citation format
SUPREME COURT CITATION STANDARDS: “Date-last” format for pre-98 opinions encouraged… order. [Read more…]
Youth, trespass on public housing property
YOUTH: Constitutional challenge of notice to not trespass on public housing property not preserved for appeal (although housing authority may exclude persons)… probable cause to present fact question to jury as to whether youth knowingly [Read more…]
DUI, particularized suspicion, probable cause
DUI: Burden for license reinstatement not met… particularized suspicion, probable cause, denial of request to read consent form… Jones affirmed (IOR I-3(d)(v)). [Read more…]
ERISA, pre-suit demand futility, preemption
ERISA: Employees’ failure to make pre-suit demand for action on ESOP or officers of Washington-based grocery should be analyzed as to whether demand would have been futile (per [Read more…]
Medical malpractice/Hill-Burton
MEDICAL MALPRACTICE/HILL-BURTON: Med-mal claim dismissed for failure to exhaust Panel… Hill-Burton claim dismissed for failing to allege discrimination by clinic… Cebull affirmed (unpublished). [Read more…]
Wrongful discharge, pre-termination due process
WRONGFUL DISCHARGE: County employee caught using county equipment at home, and whose termination was later set aside, received sufficient pre-termination due process… Cebull [Read more…]
RCRA, officer v. corporation liability
RCRA: Officer liable along with corporation for improper hazardous waste disposal… conviction affirmed… Lovell affirmed (unpublished). [Read more…]
Felony child abuse, state law definition
FELONY CHILD ABUSE properly defined by state law, not unconstitutionally vague… Cebull affirmed. [Read more…]
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