JUDGE SUBSTITUTION: Existing rule rather than SB 41 properly applied after all First Judicial District judges had been substituted or declined jurisdiction… Best affirmed. [Read more…]
Judge substitution, SB 41 random v. “hand-picked”
JUDGE SUBSTITUTION: Whether Best was properly assigned jurisdiction under SB 41 (requiring random rather than “hand-picked” selection) should be decided before the merits of the underlying challenge to the Governor’s appointment of a former legislature to head a department are determined… (Order). [Read more…]
Malicious prosecution, bondsman pepper spray client
MALICIOUS PROSECUTION claims by bail bondsman charged with assault of client for her failure to abide by conditions properly dismissed as bondsmen not authorized to arrest or pepper spray clients without outstanding warrant… claims also barred by prosecutorial immunity… Ruiz affirmed. [Read more…]
Negligence, $510,343.05 MVA verdict reversed
NEGLIGENCE: Alternative causation evidence improperly excluded in MVA trial, error compounded by Plaintiff taunting Defense for not presenting excluded evidence… $510,343.05 verdict reversed, remanded for new trial on causation/damages elements of pain/suffering and course of life… Dayton reversed (52-page Opinion). [Read more…]
Work comp, 3% fire costs fee challenge not justiciable
WORK COMP policyholders’ challenge to 3% fee to offset state fire costs not justiciable after scheme’s termination… proposed claims against MSF and BOI members properly denied based on immunity… Larson affirmed. [Read more…]
Political practices, ethics complaint confidentiality
POLITICAL PRACTICES: Confidentiality provisions of ethics complaint statute unconstitutional, but former COPP entitled to qualified immunity as to threat to sanction complainant for disclosure… Morris reversed, affirmed. [Read more…]
$1,141,000 settlement, failure to serve special ed student
SETTLEMENT: $1,141,000 ($925,000 for educational services, $35,000 damages, $181,000 attorney fees), alleged failure to serve special education student for 4 years including isolation in church basement. [Read more…]
Unlawful entry, $2 verdict against Deputy
UNLAWFUL ENTRY: $2 verdict for Deputy’s unlawful entry into home affirmed over claim that verdict did not require jury to find that his entry was combined with “an attempt to find something or to obtain information within the residence,” since deputy admitted that he entered to ensure that someone was supervising a young boy he had seen outside (even if he was not looking for person in DUI crash)… Molloy affirmed (unpublished). [Read more…]
Contempt, PO “impeding” parole eligibility
CONTEMPT: Motion by vehicular homicide Defendant to hold PO in contempt until her alleged wrong in impeding his parole eligibility “is fully righted” fails whether as civil or criminal, should have been denied for failure to state a claim… Manley reversed on supervisory control. [Read more…]
$100,000 settlement, dismissed DUI homicide
SETTLEMENT: $100,000, dismissed DUI homicide of wife due to lack of evidence of who was driving. [Read more…]