UNIFORM PUBLIC EXPRESSION FREEDOM ACT: Malicious prosecution and abuse of process claims arising from sexual assault allegations asserted during prior negligence litigation stemming from MVA fall within the scope of activities protected by UPERA, Plaintiff failed to state viable claims for either… Molloy. [Read more…]
Exercise machine negligence, failure to produce expert
EXERCISE MACHINE NEGLIGENCE properly dismissed for failure to produce a proper expert on the standard for preventing a cable failure… Seeley affirmed. [Read more…]
Contract/fraud, $164,875 verdict, NSF loan repayment
CONTRACT/FRAUD: Verdict of $64,875 for breach of contract and $100,000 for constructive fraud stemming from NSF check presented to repay investment loan affirmed… Knisely affirmed (memorandum). [Read more…]
Discrimination, advocacy group’s retaliation claim
DISCRIMINATION: Supervisory control of Seeley’s dismissal of advocacy group’s retaliation claim against City for lack of standing denied… order. [Read more…]
Will contest, time-barred, new theory on appeal
WILL CONTEST properly held to be time-barred, change of theory on appeal to invoke tolling rejected… Reynolds affirmed (IOR I-3(c)). [Read more…]
Insurance, UM stacking, 5 vehicles, 1 premium
INSURANCE: No UM stacking of 5 vehicles with 1 premium and anti-stacking language… Menahan. [Read more…]
Contract for deed, election of remedies
CONTRACT FOR DEED: Seller who elected to terminate contract, retain money paid on purchase price, and repossess precluded by election of remedies from suing for unpaid taxes, damage to building, attorney fees, sale expenses, interest… Fagg affirmed. [Read more…]