CHOICE OF LAW/VENUE: Claims of Montana employee and counterclaims of Minnesota employer under intertwined non-solicitation and incentive agreements properly tried in Minnesota pursuant to choice-of-law and forum selection provisions in non-solicitation contract… McMahon. [Read more…]
Relation-back, insurance bad faith
RELATION-BACK to bring insurance bad faith claims within statutes of limitations denied where Plaintiff knew of added Defendant’s identity but was unaware of claims handling… judicial notice taken of State Court proceedings resulting in $268,435.94 MVA verdict to supplement Complaint information… Christensen. [Read more…]
Foreclosure, loan modification representations
FORECLOSURE ordered over claim of unclean hands by bank… loan modification misrepresentation claims under CPA rejected… Lynch/Molloy. [Read more…]
Bargaining unit, iron workers foremen
BARGAINING UNIT: Iron workers foremen excluded from certified unit because they have supervisory responsibilities… Ronald Hooks (Region 19). [Read more…]
Constructive discharge, hotel employee, mitigation
CONSTRUCTIVE DISCHARGE: Hotel employee who quit to attend college entirely failed to mitigate, no damages, no need to address merits of constructive discharge claim… Salvagni. [Read more…]
Contract, sculpture, flat payments v. royalties
CONTRACT: Claims that sculptor was deceived into accepting flat fees rather than royalties for horse figurine masters time-barred, not tolled by discovery, fraudulent concealment doctrines… bailment claim dismissed for failure to state claim… Christensen. [Read more…]
Right to know, newspaper attorney fee request
RIGHT TO KNOW: Newspaper’s request for attorney fees for involvement in disclosure of fired ExpoPark manager’s personnel documents denied, could possibly seek fees against manager… Pinski. [Read more…]
Right to know, ExpoPark manager termination
RIGHT TO KNOW: No reasonable expectation of privacy in documents underlying termination of ExpoPark manager who brought WDA suit… Pinski. [Read more…]
School teacher, highest score, not hired
SCHOOL TEACHER: Board did not violate CBA in hiring outside applicant for vacancy over non-renewed teacher with higher interview score… Herman Torosian. [Read more…]
Wrongful discharge/choice of law
WRONGFUL DISCHARGE/CHOICE OF LAW: Colorado proper forum to adjudicate claim of Coloradoan based in Colorado discharged by Montana employer… claim analyzed under contract, not tort, principles… Jones. [Read more…]