STATUTE OF LIMITATIONS: Claim of fall through service access alleges elements of negligence per se, not claims that are a “liability created by statute,” 3-year statute applies and claim is timely… Vannatta. [Read more…]
COVID masking, school mandates
COVID MASKING: Substantive due process challenge to school mask mandates properly rejected on summary judgment… Marks affirmed. [Read more…]
Sex discrimination, Lady Griz head coach non-renewal
SEX DISCRIMINATION: Title VII claim by non-renewed Lady Griz head basketball coach rejected on summary judgment… Christensen. [Read more…]
Racial/sexual/national origin discrimination, student
RACE/SEX/NATIONAL ORIGIN DISCRIMINATION claims by parents of bullied high school student dismissed for failure to exhaust administrative remedies… Christensen. [Read more…]
COVID masking, school masking policies
COVID MASKING: Preliminary injunctions against school masking policies properly denied… Marks and McElyea affirmed. [Read more…]
Arbitration, no knowing waiver of Title VII sex suit
ARBITRATION: UM women’s head basketball coach did not knowingly waive right to bring Title VII sex discrimination claim in Federal Court, arbitration clauses at most gave notice that she was agreeing to arbitrate contractual disputes regarding employment agreement… Christensen. [Read more…]
Trust v. TOD beneficiary designations
TRUST: TOD designations controlled distribution of investment accounts, decedent’s failure to follow through with stated intent to transfer accounts to Trust made them nonprobate transfers to designated beneficiaries, Trustee’s claim of unjust enrichment properly rejected. . . Larson affirmed. [Read more…]
Spoliation of video at festival, sanction, DUI crash
SPOLIATION: Sanction for spoliation of video at festival is to instruct that driver of vehicle had been served alcohol by employees resulting in DUI crash… Deschamps. [Read more…]
State healthcare plan, TPAs, made-whole, class
STATE HEALTHCARE PLAN: TPAs not subject to made-whole laws under subrogation statutes or 3rd-party beneficiary [Read more…]
Medical malpractice, cancer patient death causation
MEDICAL MALPRACTICE: Summary judgment proper for hospital and doctor on causation of death of cancer patient (metastasized [Read more…]