SEXUAL HARASSMENT: Gravamen of dispatcher’s allegations against officer of repeated and unwanted sexual advances sound in discrimination rather than tort, HRA provides the exclusive remedy. . . dismissed for failure to exhaust HRA. . . Berger. [Read more…]
$220,000 verdict, nurse, contract for new job pulled
VERDICT: $220,000, nurse whose contract for new job was pulled because of false malicious gossip by former co-worker. [Read more…]
Supervisory control, employment bad faith
SUPERVISORY CONTROL of Kutzman denied in employment contract case. . . order. [Read more…]
Insurance, $2.5 million punitives to $1,064,282.44
INSURANCE: $2.5 million punitives for failure to unconditionally pay UIM to motorcyclist’s estate cut to $1,064,282.44 (4-1 ratio)… attorney expert testimony upheld… new trial not warranted by failure to produce documents during time Plaintiff and attorney conferred as “friends”… Anderson affirmed, reversed (unpublished). [Read more…]
Excessive force/Terry stop, state law claims
EXCESSIVE FORCE/TERRY STOP: Dismissal of state law claims against officer and City relating to investigation of motorcyclists/motorist confrontation properly dismissed on summary judgment following 9th Circuit disposition of federal claims affirmed… objection to supplemental jurisdiction waived but in any event properly exercised… Watters affirmed (unpublished). [Read more…]
Sewage overflow, treatment “bypass,” CWA
SEWAGE OVERFLOW: City owed no legal duty to pump raw sewage into storm drains and river to prevent damage to residents’ property following massive rainstorm… “bypass” would have violated CWA, not justified by “unanticipated bypass” exception due to prior bypasses… Jones. [Read more…]
Insurance, spy software coverage
INSURANCE: Coverage claims in spy software cases properly rejected… Watters affirmed (unpublished). [Read more…]
Work comp bad faith, fiduciary, defense verdict
WORK COMP BAD FAITH: 3rd-party claimant not owed a fiduciary duty… Plaintiff’s negligence-based causation instruction properly denied… new trial not required by juror questionnaire mixup… 0 damages (breach of duty but no loss from delayed acceptance of claim that hip surgery was necessitated by fall due to instability from 1982 knee injury) supported by evidence… fees for motion to compel properly excluded time for potential punitives, rate properly “split-the-difference” between Plaintiff/Defendant rates… Deschamps affirmed. [Read more…]
Negligence, fall by water truck driver at well site
NEGLIGENCE: Mine operator owed no duty to water truck driver allegedly injured at well site on land owned by mine owner (well owned by farmer)… Jones. [Read more…]
Flooring damages, toxic poisoning expert
FLOORING DAMAGES claims by homeowners dismissed as belonging solely to their LLC, lack of toxic poisoning expert… Townsend affirmed (IOR I-3(c)). [Read more…]