FAILURE TO SERVE summons & complaint within 3 years of complaint requires dismissal without prejudice of slip & fall claim which eventually identified fictitious entity that provided the mats… Deschamps. [Read more…]
Petition for hearing statute of limitations
Petition for hearing challenging UEF’s “employee” determination received by Court 1 day after limitations period had run is time-barred, equitable tolling not applicable as current §520 is not ambiguous and this is simply a case of neglect, time not extended by 3 days for mailing… UEF’s “employee” determination is final… Sandler. [Read more…]
False Claims Act, qui tam, Salish Kootenai College
FALSE CLAIMS ACT: Qui tam against Salish Kootenai College for allegedly providing false student reports to retain grants improperly dismissed on basis of tribal sovereign immunity, remanded for application of White as to whether College, as a “person” under FCA, functioned as arm of Tribe… Morris reversed. [Read more…]
$5.1 million settlement, forklift jig fall on head
SETTLEMENT: $5.1 million, forklift jig fall on head, multiple injuries, paraplegia. [Read more…]
Indians, tribal college nursing terminations
INDIANS: FCA, whistleblower, other claims relating to termination of tribal college nursing staff dismissed based on sovereign immunity… claims against Board Members personally may still be viable… Morris. [Read more…]
Electric utilities, “customer,” city wholesaler
ELECTRIC UTILITIES: Hospital “customer” may receive electricity from city wholesaler… PSC properly reversed… Seeley affirmed. [Read more…]