ELECTIONS: BI-8 constitutes single constitutional amendment… AG lacked authority to append a fiscal statement… AG reversed. [Read more…]
Oncologist termination, HCQIA immunity
ONCOLOGIST TERMINATION: Health Care Quality Improvement Act properly held to immunize hospital and physicians from damages arising out of peer review of suspended oncologist… Menahan affirmed. [Read more…]
Duplicative claims, res judicata v. claim-splitting
DUPLICATIVE CLAIMS: Order denying oncologist leave to amend wrongful termination complaint was not a final judgment for purposes of res judicata, but second suit restating claims still properly dismissed based on prohibition against claim-splitting… Seeley affirmed (other grounds). [Read more…]
University bills unconstitutional but no Private AG fees
PRIVATE AG FEES: Ruling that university bills are unconstitutional affirmed… denial of Private AG fees to Plaintiffs remains undisturbed due to lack of majority on this issue… McElyea affirmed. [Read more…]
Class action, preliminary injunction, rental agreements
CLASS ACTION: Preliminary injunction granted prohibiting Boyne from terminating Rental Management Agreements with named Plaintiff condo owners as alleged tactic to intimidate others into opting out… Morris. [Read more…]
Mootness, rental management class action order
MOOTNESS: Appeal in rental management class action as to extension of termination mooted by expiration of order and clarification by Morris (memorandum). [Read more…]
Class action, unit owners of condo-hotels
CLASS ACTION certified for claims by unit owners of condo-hotels as to rental management contracts with owner… Morris. [Read more…]
CCJI, Legislator speeding obstruction conviction
CCJI: Legislator objecting to release of information related to obstruction conviction stemming from speeding stop had adequate notice of County’s request for declaratory judgment, information properly disseminated to newspaper with parameters without further briefing… Seeley affirmed. [Read more…]
University System, gun control authority
UNIVERSITY SYSTEM has constitutional authority to regulate firearms on campuses… McMahon affirmed. [Read more…]
Insurance, bad faith claims against excess insurers
INSURANCE: Bad faith claims against excess insurers in $1.49 million school sex abuse settlement and related tort claims alleging misconduct by school’s defense counsel dismissed on summary judgment… Rienne McElyea. [Read more…]