MARITAL: Wife properly reimbursed from house sale for expenses maintaining the estate after doctor husband’s incarceration… fees awarded for frivolous appeal… Recht affirmed (memorandum). [Read more…]
Race, African American co-workers’ “boorish” comments
RACE DISCRIMINATION: African American’s co-workers’ comments/behavior “boorish and distressing” but not severe or pervasive enough to alter conditions of employment, complaint dismissed as lacking merit… OAH administrative decision… Caroline Holien. [Read more…]
Pain prescriptions, distribution, negligent homicide
PAIN PRESCRIPTIONS: Doctor properly convicted of criminal drug distribution as to 11 patients and criminal endangerment as to 9 patients, wrongly convicted of negligent homicide for overdose deaths of 2 patients… Langton affirmed, reversed. [Read more…]
Sexual harassment, gravamen, allegations against officer
SEXUAL HARASSMENT: Gravamen of dispatcher’s allegations against officer of repeated and unwanted sexual advances sound in discrimination rather than tort, HRA provides the exclusive remedy. . . dismissed for failure to exhaust HRA. . . Berger. [Read more…]
Order of protection, release of civil claims
ORDER OF PROTECTION: Denial of motion to dismiss POP based on release of civil claims not abuse of discretion…. McLean affirmed (IOR I-3(d)). [Read more…]
Appeal from Justice Court, filing time
APPEAL FROM JUSTICE COURT timely filed computing 30 days from order denying request from relief from judgment, not from entry of judgment (more than 3 months earlier)… satisfaction of security deposit judgment should be considered substitute for an undertaking in this case… Townsend reversed. [Read more…]
TOP, stalking, discovery, dismissal w/o prejudice
TOP: Respondent wrongly allowed to subject Petitioner to discovery, which is not provided for in stalking statutes… TOP action properly dismissed without prejudice over contention for with prejudice as sanction for not attending deposition… [Read more…]
Drugs, medical marijuana, federal prosecution
DRUGS: Motions to dismiss federal marijuana prosecution based on MMA denied… Christensen. [Read more…]
Insurance, duty to insure/repair rental
INSURANCE: Trustee of trust which owned house damaged by fire not liable to gratuitous tenants for failure to insure or expedite repairs… Lynch/Molloy. [Read more…]