ONCOLOGIST TERMINATION: Health Care Quality Improvement Act properly held to immunize hospital and physicians from damages arising out of peer review of suspended oncologist… Menahan affirmed. [Read more…]
Duplicative claims, res judicata v. claim-splitting
DUPLICATIVE CLAIMS: Order denying oncologist leave to amend wrongful termination complaint was not a final judgment for purposes of res judicata, but second suit restating claims still properly dismissed based on prohibition against claim-splitting… Seeley affirmed (other grounds). [Read more…]
Probate, will challenge defense verdict affirmed
PROBATE: Will challenge defense verdict affirmed over claims of juror misconduct… $428,659 attorney fees properly awarded Estate, $86.931.50 improperly awarded wife of heir for participation to defend her own interests… interest rate on fees improperly required to be recalculated each year… Gilbert affirmed, reversed. [Read more…]
Class action, preliminary injunction, rental agreements
CLASS ACTION: Preliminary injunction granted prohibiting Boyne from terminating Rental Management Agreements with named Plaintiff condo owners as alleged tactic to intimidate others into opting out… Morris. [Read more…]
Sex discrimination, Lady Griz head coach non-renewal
SEX DISCRIMINATION: Title VII claim by non-renewed Lady Griz head basketball coach rejected on summary judgment… Christensen. [Read more…]
Mootness, rental management class action order
MOOTNESS: Appeal in rental management class action as to extension of termination mooted by expiration of order and clarification by Morris (memorandum). [Read more…]
Class action, unit owners of condo-hotels
CLASS ACTION certified for claims by unit owners of condo-hotels as to rental management contracts with owner… Morris. [Read more…]
Prescriptive easement, neighborly accommodation
PRESCRIPTIVE EASEMENT properly found over roads for failure to show neighborly accommodation in bench trial after denial of summary judgment and amendment to include road that was not in original complaint… Gilbert affirmed. [Read more…]
Arbitration, no knowing waiver of Title VII sex suit
ARBITRATION: UM women’s head basketball coach did not knowingly waive right to bring Title VII sex discrimination claim in Federal Court, arbitration clauses at most gave notice that she was agreeing to arbitrate contractual disputes regarding employment agreement… Christensen. [Read more…]
Defense verdict, head-on MVA death/injuries
VERDICT: Defense, head-on MVA death/injuries, dispute as to which vehicle crossed centerline… settlement with vehicle rental firm as to defective tires claim. [Read more…]