PORT AUTHORITY: Preliminary injunction based on alleged violations of open meeting and right to participate properly denied… Berger affirmed. [Read more…]
Waste disposal, constitutional challenge
WASTE DISPOSAL: As-applied challenge to licensing regulations properly denied for lack of standing… facial challenge improperly denied… Eddy affirmed, reversed. [Read more…]
Elections, library mill levy challenge
ELECTIONS: Library mill levy election challenge properly rejected… Perry affirmed. [Read more…]
Unfair labor practices, no judicial review
UNFAIR LABOR PRACTICES: MBPA hearing examiner’s decision correctly held not eligible for judicial review under §§ 2-4-701 or 702(1)(a)… Ruiz affirmed. [Read more…]
Settlement agreement, statute of frauds as to texts
SETTLEMENT AGREEMENT: Statute of Frauds correctly applied less technically to text messages to prevent commission of a fraud in house defects/buy-back dispute… texts also properly found to constitute enforceable settlement agreement… Eddy affirmed. [Read more…]
12(b)(6) dismissal with v. without prejudice
12(b)(6) DISMISSAL: MVA Plaintiffs’ claim that medical providers charged impermissible rates failed to demonstrate “concrete” harm and thus Article III standing, but should have been dismissed without prejudice to allow amendment… Morris affirmed, reversed (memorandum). [Read more…]
$105,000 verdict, “taking” of fields by stormwater runoff
VERDICT: $105,000, inverse condemnation, 35 acres of Plaintiff’s fields “taken” from farm entity by City by subdivision stormwater runoff at stipulated $3,000/acre. [Read more…]
Bench judgment, $12,410,016, snowplow/auto, TBI
BENCH JUDGMENT: $12,410,016.11 for 32-year-old suffering TBI from County snowplow running stop sign and slicing into her vehicle… Rienne McElyea. [Read more…]
Insurance, claims against mother of death shooter
INSURANCE: Claims against mother of death shooter who was forbidden to possess firearms not covered by business policies… Cavan. [Read more…]
Insurance, snowplow/auto, $750,000 liability cap
INSURANCE: Supervisory control of McElyea’s ruling that County’s insurer in snowplow/auto MVA cannot rely on §2-9-108(1) $750,000 liability cap because policy contains limits in excess of cap denied… order. [Read more…]