AGE DISCRIMINATION: Fact issues preclude summary judgment as to agency relationship between Defendant and Apprentice Training Committee whose members’ statements form basis of claim… HRC/Larson affirmed. [Read more…]
CBA, exhaustion, arbitration, master electrician
CBA covers master electrician’s numerous claims which all derived from assertion that employer let unqualified employees do electrical work, CBA remedies including arbitration must be exhausted before suing, summary judgment improperly denied for employer… McLean reversed (IOR I-3(c)). [Read more…]
UI, electrician quit due to co-worker stress
UI properly denied electrician who quit from stress over non-electricians doing electrical work… Larson affirmed. [Read more…]
Bankruptcy, failure to comply with stipulation
BANKRUPTCY: Dismissal proper for failure to comply with stipulation for reconverting to Ch. 11… Christensen affirmed (unpublished). [Read more…]
Legal malpractice, bad bankruptcy advice
LEGAL MALPRACTICE: Claims alleging erroneous advice that right to appeal $3.8 million defamation judgment would not be lost by filing bankruptcy were property of bankruptcy estate, properly sold by Trustee to malpractice defendant for $12,000… Seeley affirmed. [Read more…]
Bankruptcy, defective trust indentures, mortgages
BANKRUPTCY: Defective trust indentures properly treated as mortgages… Kirscher/Molloy affirmed (unpublished). [Read more…]
Bankruptcy, SS/payments to secured creditors
BANKRUPTCY: BAPCPA forecloses consideration of SS or payments to secured creditors as part of the 1325(a) good faith inquiry… Trustee’s objection to “miniscule” payments while living in $400,000 home, making payments on luxury [Read more…]
Bankruptcy, fraudulent schedules, counsel advice
BANKRUPTCY: Debtor knowingly/fraudulently made many false oaths on Schedules/SOFA relating to material facts in complex scheme stemming from mega-house construction agreement… fraudulent transfer of other house properly [Read more…]
$225,000 judgment, waterslide injury, cervical
BENCH JUDGMENT: $225,000 against waterslide manufacturer that minimally participated in litigation, waterslide injuries at motel, settlement with motel and pool installer, cervical fracture… McLean. [Read more…]