SUBDIVISION: Preliminary injunction failed to consider non-party lot owners when Association was restricted from imposing fees during litigation… remanded for merits determination of claims… Perry reversed (memorandum). [Read more…]
Employee RIF, FMLA, retaliation, WDEA, ADA, ADEA
EMPLOYEE RIF: Dismissal of FMLA and retaliation claims reversed… dismissal of WDEA, ADA, ADEA claims affirmed… Watters affirmed, reversed (memorandum). [Read more…]
Insurance, destroyed tank wash building
INSURANCE: Summary judgment that CGL policy purchased for premises containing office, warehouse, and shop space does not cover subsequently constructed tank wash building that was destroyed by fire affirmed… Watters affirmed (memorandum). [Read more…]
Restrictive covenants, barriers to building
RESTRICTIVE COVENANTS: Myriad claims stemming from challenge to barriers to building in subdivision properly dismissed… DeSoto/Morris affirmed (memorandum). [Read more…]
Insurance, CGL, subsequently constructed building
INSURANCE: CGL policy purchased for premises containing office, warehouse, and shop space does not cover a subsequently constructed tank wash building that was destroyed by fire… Watters. [Read more…]
Post-judgment interest, accrual during appeal
POST-JUDGMENT INTEREST continued to accrue on paid $223,485.12 employment contract judgment during stay pending appeal regardless of who appealed first or who requested stay or cross-appealed… Kutzman reversed. [Read more…]
Respondeat superior, disclosures to new employer
RESPONDEAT SUPERIOR: Fact issues preclude summary judgment as to whether City supervisor’s negative disclosures to former employee’s new employer were incidental to authorized conduct and thus within the scope of his employment such that the City was liable for supervisor’s allegedly tortious conduct… Todd reversed. [Read more…]
Judicial estoppel, undisclosed claims in Ch. 13
JUDICIAL ESTOPPEL: Burst City waterline damage claims barred by failure to disclose potential claims in Ch. 13 case, not saved by re-opening/amending 2 years later… Souza affirmed. [Read more…]
Employment contract, $220,000 verdict, nurse
EMPLOYMENT CONTRACT: $220,000 verdict for nurse whose contract for new job was pulled based on opinion of former co-worker that she would not be a good fit affirmed over appeal issues by both sides… Kutzman affirmed. [Read more…]
Burst waterline, bankruptcy schedules judicial estoppel
BURST WATERLINE: House damage claim against City precluded by judicial estoppel based on failure to list in bankruptcy schedules and by nuisance statute of limitations… Souza. [Read more…]