CLASS ACTION certified for claims by unit owners of condo-hotels as to rental management contracts with owner… Morris. [Read more…]
Disability discrimination, service dog barred from store
DISABILITY DISCRIMINATION: Claims stemming from refusal to allow service dog into store properly rejected… Johnston affirmed (memorandum). [Read more…]
Discovery, computation of claimed damages
DISCOVERY: Wrongful discharge Plaintiff required to provide complete computation of damages requested, tax returns under protective order, information relating to his business… Defendant awarded full $5,555.50 fee request… Molloy. [Read more…]
Contract, Judge’s finding v. parties’ assertions
CONTRACT: Judge incorrectly found that no contract existed contrary to assertions of both parties… Harris reversed (IOR I-3(c)). [Read more…]
Settlement enforcement, abandoned RR right of way
SETTLEMENT ENFORCEMENT: No enforceable agreement as to disposition of abandoned RR right of way, not necessary to further interpret agreement… parties had standing to bring quiet title actions… Jones reversed. [Read more…]
$697,671.45 verdict, cattle damages, oil wellsite fence
VERDICT: $697,671.45 after present-value reduction, cattle damages and emotional distress, illegal fence around oil wellsite, failure to maintain fence. [Read more…]
$550,000 settlement, traffic stop shooting death
SETTLEMENT: $550,000, traffic stop shooting death of suspected robber or drug shooter, eve of trial settlement following denial of summary judgment on whether deadly force was justified. [Read more…]
Excessive force death, backseat passenger, unlit plate
EXCESSIVE FORCE DEATH: Shooting of suspected robbery or drug shooter in stop of vehicle for alleged unlit plate light in which suspect was backseat passenger survives summary judgment as to whether deadly force was constitutional and — until facts can be established — whether officer violated clearly established law… summary judgment for City and PD granted on §1983 claims… summary judgment granted and denied on state law claims… Molloy. [Read more…]
Disability discrimination, cashier fired for wearing hat
DISABILITY DISCRIMINATION: Angry refusal to remove hat legitimate business reason (insubordination) to fire cashier, not related to unknown depression/anxiety disorder. . . Spear/HRC/Townsend affirmed. [Read more…]
Mineral prospect fees, Area of Mutual Interest
MINERAL PROSPECT FEES: Area of Mutual Interest Agreement unambiguous… Johnston affirmed (unpublished). [Read more…]