EMPLOYMENT CONTRACT: $220,000 verdict for nurse whose contract for new job was pulled based on opinion of former co-worker that she would not be a good fit affirmed over appeal issues by both sides… Kutzman affirmed. [Read more…]
Dispatcher timecard investigation, defamation
DISPATCHER TIMECARD INVESTIGATION: Abuse of process, defamation, Anti-Intimidation Act, spoliation, negligence claims of dispatch supervisor who was investigated but not prosecuted for timecard fraud properly dismissed on judgment on pleadings and summary judgment… Hayworth affirmed (IOR I-3(c)). [Read more…]
Burst waterline, bankruptcy schedules judicial estoppel
BURST WATERLINE: House damage claim against City precluded by judicial estoppel based on failure to list in bankruptcy schedules and by nuisance statute of limitations… Souza. [Read more…]
Wrongful discharge, policeman, name-clearing
WRONGFUL DISCHARGE: Fired policeman who has not exercised right to hearing before Police Commission to clear name of stigmatizing charges cannot claim violation of due process rights… Cavan affirmed (memorandum). [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…]
Respondeat superior, false info about former employee
RESPONDEAT SUPERIOR does not impute to City a supervisor’s acts of giving false negative information to former City employee’s new employer. . . tortious interference with business relations and negligent misrepresentation claims dismissed on summary judgment. . . Todd. [Read more…]
$262,922.03 judgment, luxury house construction lien
BENCH JUDGMENT: Defense as to claims of $6,363,597 plus attorney fees & interest against luxury home contractor. . . $262,922.03 to contractor on construction lien. . . Todd. [Read more…]
Dispatcher timecard investigation, abuse of process
DISPATCHER TIMECARD INVESTIGATION: Abuse of process, defamation, Anti-Intimidation Act claims of dispatch supervisor investigated but not prosecuted for timecard fraud dismissed on summary judgment. . . Hayworth. [Read more…]
Insurance, no Ridley exception when other insurer pays
INSURANCE: Request for declaration that insurer’s advance pay obligations only apply to medical bills not paid by another insurer or source denied. . . allowing exception to Ridley would diminish purpose of the rule by making it more complicated for innocent party to recover what is owed. . . McElyea. [Read more…]