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…]
Insurance, surreptitious shower recording of minor
INSURANCE: Coverage of surreptitious shower recording of minor excluded “sexual misconduct,” insurer had no duty to defend against civil claims resulting in $500,000 consent judgment… Fehr affirmed. [Read more…]
Appellate procedure, PERS unfunded actuarial liability
APPELLATE PROCEDURE: Declaratory judgment regarding impact on PERS unfunded actuarial liability by county’s decision to privatize health center denied… order. [Read more…]
Taxes, religious school credit
TAXES: Religious schools tax credit violates Art. X §6. . . DOR exceeded rulemaking authority in attempting to cure constitutional deficiency. . . Ulbricht reversed. [Read more…]
Liquor, unbroken case discount, $34,875,215.53 stricken
LIQUOR: Use of 1994 sales data per 1995 statute to calculate reimbursements for store sales of unbroken cases not violative of substantive due process or equal protection, $34,875,215.53 class action award ($8,718,803.88 attorney fees) reversed. . . Pinski reversed. [Read more…]
Mandamus, teacher termination, unclaimed notice letter
MANDAMUS wrongly denied teacher who was non-renewed based on unclaimed notice mailed to old address, did not seek to evade notice to constitute “constructive notice”. . . teacher who does not receive written notice by 6/1 is “automatically reelected,” District has “clear legal duty” to renew. . . Langton reversed. [Read more…]
Supervisory control, mid-year teacher hiring
SUPERVISORY CONTROL of Langton denied in teacher hiring dispute… redress options available if school year over before succeeding on appeal… order. [Read more…]
MHP retirement, “alternative” to SS
MHP retirement not an “alternative” to SS retirement in this case, PTD improperly terminated… Sandler. [Read more…]
State liquor stores, $26,156,411.65, class action
STATE LIQUOR STORES: Class Counsel awarded $8,718,803.88 payable from $26,156,411.65 common fund ($14,836,178.22 damages, $11,320,233.43 statutory/unjust enrichment interest) for challenge of State under-compensating for unbroken cases… Pinski. [Read more…]
$14,722,297.88, under-compensated liquor discounts
BENCH JUDGMENT: $14,722,297.88 for liquor stores that were under-compensated for discounts for unbroken cases… Pinski. [Read more…]