ORDER OF PROTECTION: Motion to terminate properly denied without a hearing… Gilbert affirmed (memorandum). [Read more…]
SIWC, “knowingly” withdrawn consent
SIWC: Jury improperly instructed with high-probability-of-a-fact definition of “knowingly” for the element of “without consent” rather than a conduct-based definition in situation of withdrawn consent… conviction reversed, remanded for retrial… Larson reversed. [Read more…]
Constructive discharge, emotional distress preemption
CONSTRUCTIVE DISCHARGE: Emotional distress properly dismissed as preempted by WDA… challenge to Rule 615 corporate rep’s presence in courtroom during discharge trial properly rejected… Vannatta affirmed (IOR I-3(c)). [Read more…]