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…]
Lease, informal agreement, life interest
LEASE: Informal agreement properly construed as not granting one Plaintiff a life estate in rural parcel and another the right to reside on it… Murnion affirmed (memorandum). [Read more…]
Wrongful discharge, police officer, defense verdict
WRONGFUL DISCHARGE: Summary judgment and JML motions by police officer as to PD termination policies properly denied, defense verdict affirmed… Ruiz affirmed (memorandum). [Read more…]
Inverse condemnation, sewage backup into home
INVERSE CONDEMNATION claim against City for sewage backup into home caused by grease clog properly rejected on summary judgment… Moses affirmed. [Read more…]
$989,793 verdict, disputed stock shares redemption
VERDICT: $989,793, disputed stock shares redemption. [Read more…]
Defense verdict, wrongful discharge, policeman
VERDICT: Defense, wrongful discharge, policeman. [Read more…]
HOA covenants, fishing lodge short-term rentals
HOA COVENANTS: Use of property for fishing lodge short-term rentals not violative of “use for residence only” restriction… McMahon affirmed. [Read more…]
Police pay, unpaid longevity, other wage claims
POLICE PAY: Judge Rieger correctly determined on remand after applying extrinsic evidence to ambiguous CBAs that Billings does not owe Officers unpaid longevity, but erred in dismissing without consideration other wage claims and related potential penalties/fees/costs… Rieger affirmed, reversed. [Read more…]
Partnership, departing ranch partner’s interest
PARTNERSHIP: Departing ranch partner’s interest properly valued pursuant to Partnership Agreement at $1,421,863, over experts’ valuations of $463,000 and $1,190,400… Hayworth affirmed (IOR I-3(c)). [Read more…]
Defense verdict, insurance, “new-construction condo”
VERDICT: Defense, insurance bad faith, negligent misrepresentation, insurance by estoppel, stemming from denial of coverage for accident of plumbing subcontractor employee on excluded “new-construction condo”. . . suit by plumbing employee & wife as assignees of insured’s claims. [Read more…]