WRONGFUL DISCHARGE: Complaint improperly dismissed based on inclusion of improper marital discrimination claims… Rienne McElyea reversed (memorandum). [Read more…]
Insurance, UIM claim after settled 5X tortfeasor verdict
INSURANCE: UIM claim not barred by $50,000 settlement of $10,000 verdict against tortfeasor’s insurer under issue or claim preclusion… Menahan reversed. [Read more…]
Insurance, settled MVA verdict, 2nd bite at apple
INSURANCE: MVA Plaintiff who won $10,000 verdict and then settled with tortfeasor’s insurer for $50,000 liability limit with stipulation to vacate and dismiss with prejudice not entitled to 2nd bite at apple on damages, but may pursue UTPA claims to the extent they do not require relitigation of underlying damages, UIM only triggered if damages exceed $50,000… Menahan. [Read more…]
Disability discrimination, airline passenger
DISABILITY DISCRIMINATION: Airline passenger’s complaint of being wrongly hassled about his ventilator preempted by FAA, reconsideration of preliminary injunction against MHRB proceeding denied, permanent injunction granted… Lovell. [Read more…]
Disability discrimination, preliminary injunction
DISABILITY DISCRIMINATION: Preliminary injunction granted halting MHRA proceeding in airline passenger’s complaint of being hassled about his ventilator, Court likely will ultimately find in declaratory action that complaint is preempted by ACAA, no implied private right of action for violations of ACAA as to [Read more…]
Disability discrimination, airline passenger
DISABILITY DISCRIMINATION: TRO granted staying MHRB proceeding on airline passenger’s complaint pending decision on airline’s motion for preliminary injunction and question of federal preemption…. Lovell. [Read more…]
Defense verdict, hay dust trespass/negligence
VERDICT: Defense, hay dust trespass/negligence from hay grinding operation. [Read more…]
Minerals, sandstone, mineral reservation
MINERALS: Sandstone not a “mineral” per reservation… Watters affirmed. [Read more…]