DEFAMATION: New York Post statements about Whitefish businessman are protected by New York’s fair report privilege as they fairly & accurately report court proceedings, not for a jury to decide… ex-police chief’s comparison to Weinstein and Epstein non-actionable opinion… Eddy reversed, affirmed. [Read more…]
Mental disability, prison officer, $138,875
MENTAL DISABILITY DISCRIMINATION/RETALIATION: $138,875.12, terminated probationary prison officer with PTSD from inmate restraint… Administrative Decision, Chad Vanisko. [Read more…]
Discrimination, female “touching” of male subordinate
DISCRIMINATION: HRC’s award of $80,000 for sex discrimination by female supervisor’s touching of male subordinate and $20,000 for retaliation for complaining affirmed… $360,072.65 attorney fees/costs affirmed… HRC affirmed, Reynolds affirmed, reversed. [Read more…]
Attorney fees/costs, $368,073, male sex discrimination
ATTORNEY FEES: $349,831.23 attorney fees (of $873,920 requested), $8,000 paralegal fees, $10,241.42 costs awarded for successful ($75,000) retaliation claim but unsuccessful sex discrimination claim by male university employee claiming unwanted touching by female supervisor… Reynolds. [Read more…]
Collateral attack of rape sentence
COLLATERAL ATTACK of rape conviction by civil suit barred by collateral estoppel. . . Dayton affirmed (IOR I-3(c)). [Read more…]
Tax sale, condos vacant lot, invalid assessment
TAX SALE void because assessment on vacant lot purchased with condos was invalid as tax notice was sent to prior owner and condos owner not aware of delinquent taxes… Salvagni reversed. [Read more…]
Foreclosure, Canadian oilman’s Whitefish property
FORECLOSURE of Canadian oilman’s loan on Whitefish vacation property and $8,320,661 judgment properly granted under Montana law for foreclosure and NY law for defenses/counterclaims… Ortley affirmed. [Read more…]
Commodity trading contract, computerized system
COMMODITY TRADING CONTRACT: Defense judgment in computerized trading system reversed… dilatory Defendants properly denied leave to assert counterclaims… Haddon reversed, affirmed (unpublished). [Read more…]
Restitution, searching for/damage to stolen guns
RESTITUTION: $5,039.94 properly awarded for searching for and damage to stolen firearms in addition to $23,762 stipulated… Deschamps affirmed. [Read more…]
Felony murder, IAC, assault & murder spree
FELONY MURDER charge stemming from assault & murder spree in small area and very short time properly addressed at trial and on appeal, counsel not ineffective in dealing with it… Gustafson affirmed. [Read more…]