CITY SIDEWALK: City has duty to maintain sidewalk involved in trip & fall, property owners dismissed from City’s claim against them… Seeley. [Read more…]
Discrimination, vaccination mandate
DISCRIMINATION: HO correctly held to have authority to determine if Executive Order preempted HB 702 vaccination mandate and to determine that it did… Hunt/Menahan affirmed. [Read more…]
Pre-discharge emotional distress, $232,000 verdict
WRONGFUL DISCHARGE: Claim of pre-discharge emotional distress properly allowed to go to jury which awarded $232,000 while rejecting wrongful discharge claims… Rieger affirmed (memorandum). [Read more…]
Coal mine expansion, permit rulings, attorney fees
COAL MINE EXPANSION permit rulings affirmed in part, reversed in part, remanded for rehearing by BER and recalculation of attorney fees from the $862,755 awarded Conservation Groups for both administrative and judicial proceedings… Bidegaray affirmed, reversed. [Read more…]
Judicial standards, sexual comments re stalking witness
JUDICIAL STANDARDS: Dayton to be publicly reprimanded, suspended without pay for 30 days, for sexual comments about a stalking witness… opinion & order. [Read more…]
Appellate procedure, denial of stay pending appeal
APPELLATE PROCEDURE: Denial of stay pending appeal of reversal of coal strip-mine permit reversed… Bidegaray reversed (order). [Read more…]
Necessary party, Board of Environmental Review
NECESSARY PARTY: Supervisory control of Bidegaray denied as to refusal to dismiss Board of Environmental Review from mining permit case… order. [Read more…]
Noncompete covenant, CPA firms
NONCOMPETE COVENANT: Employment agreement not unenforceable agreement to agree, not contract of adhesion, covenant should be analyzed for enforceability against CPAs who left and started new firm… Defendants except one correctly found not to have breached fiduciary duties, damages by the one to be re-analyzed on remand… Huss reversed, affirmed. [Read more…]
State pay plan, Compliance Specialists, equity
STATE PAY PLAN: Internal equity is a factor in Compliance Specialists’ pay, not preemptive of collective bargaining… Scrimm/Sherlock reversed, BOPA affirmed. [Read more…]
UI, rudeness/language, “carelessness,”
UI: Deli clerk’s rudeness/language constituted misconduct under “carelessness” standard, properly found ineligible for UI by DLI… HO/BLA reversed, Seeley affirmed. [Read more…]