SS DISABILITY: ALJ Hartford failed to explain why he discounted VA’s 100% disability rating as required by McCartey… sentence 4 remand… Lynch/Molloy. [Read more…]
SS Disability, specific discussion of evidence
SS DISABILITY: ALJ Prothro erred in not specifically discussing evidence, explaining why Claimant’s impairment did not meet or equal a listing… Strong/Molloy. [Read more…]
Constructive discharge claim
Claimant voluntarily resigned, not constructively discharged, failed to prove total loss of wages as result of injury after resignation, not entitled to TTD for post-resignation cubital [Read more…]
Settlements
Prisoners, attorney no-contact jail visits, flu policy
PRISONERS: Jail mandated to allow private attorney-client contact visits, over policy limiting visits to no-contact area during flu season… opinion & order. [Read more…]
Banking, charge-back right, auto purchase scam
BANKING: Charge-back right cannot be equitably estopped by use of provisional settlement funds or bank’s failure to exercise care in handling check, risk of loss remains with customer, application of jury’s estoppel verdict to charge-back right rejected, customer permitted to pursue claims for [Read more…]
Construction lien, subdivision road, $111,414 fees
CONSTRUCTION LIEN: Subdivision road “commercial in nature,” not residential, contractor not required to give notice of right to claim lien… challenges to establishment of lien not preserved… attorney fees/interest not relevant to rejected [Read more…]
Summary judgment, “exceptional circumstances
SUMMARY JUDGMENT: “Exceptional circumstances” justified summary denial of subdivision application without hearing… proper summary judgment standard applied… additional time for discovery properly denied… challenged affidavit with [Read more…]
Attorney discipline, defense attorney, child porn
ATTORNEY DISCIPLINE: ODC failed to prove that criminal defense lawyer violated MRPC by holding/ not disclosing child pornography collected from apartment of client being [Read more…]
Discrimination, losing sheriff candidate supporters
DISCRIMINATION: Political discrimination/wage claims of 6 deputies who supported losing sheriff candidate upheld, rejected… Rice affirmed, reversed. [Read more…]