HOUSE DEFECTS claims against seller and seller’s agents properly resolved on summary judgment… summary judgment standards explicated… Stadler affirmed (IOR I-3(d)). [Read more…]
Grizzly mauling, employee v. volunteer, pot use
Claimant injured while feeding grizzly was employee of bear park, not volunteer… use of marijuana ill-advised or mind-bogglingly stupid but not “major contributing cause” of [Read more…]
ERISA, non-emergency surgery in waiting period
ERISA: Plaintiffs’ failure to plead/establish ambiguity of Plan under federal law bars equitable estoppel claim (purported assurance that non-emergency surgery was covered despite 3-month waiting period) in state breach of contract action… Curtis. [Read more…]
Medical marijuana, employee termination
MEDICAL MARIJUANA employment termination claims preempted by federal law or failure to state claim… Stadler affirmed (IOR I-3(d)). [Read more…]
BID, CA petition evaluation, area, assessments
BUSINESS IMPROVEMENT DISTRICT: Owners properly apprised of proposed area… City Attorney properly received & evaluated petitions and reported to Council… proposed boundary not improperly changed during petitioning… no requirement for proposed assessment until after [Read more…]