UNLAWFUL ENTRY: $2 verdict for Deputy’s unlawful entry into home affirmed over claim that verdict did not require jury to find that his entry was combined with “an attempt to find something or to obtain information within the residence,” since deputy admitted that he entered to ensure that someone was supervising a young boy he had seen outside (even if he was not looking for person in DUI crash)… Molloy affirmed (unpublished). [Read more…]
Race (Native), after-school tutoring position
RACE DISCRIMINATION claim by Native teacher passed over for tutoring position rejected… Caroline Holien. [Read more…]
Schools, establishment of school, territory transfer
SCHOOLS: School sufficiently established as public school despite no vote by Commissioners or formal approval by State Superintendent… territory transfer precluded by being within 3 miles of school… Pinski affirmed. [Read more…]
Verdict, $2, MVA investigation force/seizure/entry
VERDICT: $2 for Deputy’s unlawful entry into home, County/deputies not negligent in investigation or use of force during handcuffing in investigation of MVA, not liable for excessive force or unlawful seizure, State/trooper not liable for unlawful seizure or negligent investigation. [Read more…]
False arrest/imprisonment, counsel diligence/LR
FALSE ARREST/IMPRISONMENT: 10-count complaint stemming from citations for waste of game rejected on summary judgment… Plaintiffs’ counsel chastised for violating LR in filings, lack of due diligence in bringing claim… Christensen. [Read more…]
Insurance, CGL, claim of deceptive job inducement
INSURANCE: Claim that insured induced Plaintiff to switch jobs with false hope of eventual ownership of insurance agency, resulting in emotional distress, not covered by CGL policy [Read more…]
Pregnancy discrimination, $108,628
PREGNANCY DISCRIMINATION: $108,628, beauty salon worker fired because of medical restrictions against bending to perform pedicures… insubordination defense weighed in light of “work first, grieve later” principle… Terry Spear. [Read more…]
Respondeat superior, accountant, personal loan
RESPONDEAT SUPERIOR: Accounting firm employee’s transaction with lender was purely personal, outside scope of employment… use of company email to communicate with lender during [Read more…]
UI, limited duration employee, quit v. layoff
UNEMPLOYMENT INSURANCE: Employee who had concerns about renewing 1-year contract due to health of mother even before new contract was offered voluntarily quit, employer not chargeable for share of UI paid after she was laid off from subsequent job… DLI reversed, [Read more…]
Insurance, MMIA coverage, $3 million verdict
INSURANCE: Coverage by MMIA/GEM of $3 million verdict to developer for lost industrial park opportunity due to City’s wrongful takeover of property excluded as “financial gain” to which City not legally entitled… Seeley. [Read more…]