TRUST: Fact issues preclude summary judgment on 4 of 5 issues involving family trust conflicts of interest… Vannatta reversed, affirmed. [Read more…]
Insurance, long-term health care, home-care recovery
INSURANCE: Lifetime home care and numerous other claims under long term care and home-care recovery policies properly rejected on summary judgment… Christensen affirmed (memorandum). [Read more…]
Long-term care insurance, claim of lifetime home care
LONG-TERM CARE INSURANCE: Lifetime home care and numerous other claims under Long Term Care Policy and HomeCare Recovery Policy rejected on summary judgment… Christensen. [Read more…]
Wrongful discharge, technology manager, grievance
WRONGFUL DISCHARGE claim properly rejected for failure to exhaust grievance procedures in documents handed to managerial employee at time of firing… leave properly denied to add age discrimination as futile but on different grounds… Rienne McElyea affirmed. [Read more…]
Mental disability, prison officer, $138,875
MENTAL DISABILITY DISCRIMINATION/RETALIATION: $138,875.12, terminated probationary prison officer with PTSD from inmate restraint… Administrative Decision, Chad Vanisko. [Read more…]
Wrongful discharge, failure to exhaust grievance
WRONGFUL DISCHARGE claim denied on summary judgment for failure to exhaust grievance remedies… Rienne McElyea. [Read more…]
Marital, same-sex couple common law spouses
MARITAL: Common law marriage properly found between same-sex couple with accompanying maintenance, child support, property division… part of Petitioner’s fees properly awarded despite no reasonableness hearing… Halligan affirmed. [Read more…]
Comp exclusivity, “immediate employer,” PEO
COMP EXCLUSIVITY: Trucking company was an “immediate employer” (employer-in-fact) of driver assigned by PEO (employer-at-law) which paid comp premiums. . . PEO Act not violative of Art. II §16 full redress. . . trucking company entitled to immunity from tort claims by injured driver. . . Townsend affirmed. [Read more…]
PSC, “rubric” for executive compensation disclosure
PSC: “Rubric” for determining if public disclosure of telephone companies’ executive compensation outweighs individual privacy improperly adopted without compliance with MAPA rule-making… Seeley/Menahan reversed. [Read more…]
Jurisdiction, out-of-state Defendants, hearing
JURISDICTION over out-of-state Defendants improperly decided without hearing on disputed fact issues as to alter ego/successor theories… supervisory control of Allison accepted… order. [Read more…]