NONCOMPETE COVENANT: Employment agreement not unenforceable agreement to agree, not contract of adhesion, covenant should be analyzed for enforceability against CPAs who left and started new firm… Defendants except one correctly found not to have breached fiduciary duties, damages by the one to be re-analyzed on remand… Huss reversed, affirmed. [Read more…]
Justiciability, sexual orientation ordinance
JUSTICIABILITY: Challenge of sexual orientation housing ordinance properly dismissed as not presenting case or controversy… J. Brown affirmed. [Read more…]
Wrongful discharge, police chief, sexual harassment
WRONGFUL DISCHARGE: JML improperly denied for City based on uncontested evidence that Police Chief sexually harassed dispatcher… $300,000 verdict reversed… Fagg reversed. [Read more…]
$104,000 settlement, police dog bite
SETTLEMENT: $104,000, police dog bite, leg lacerations/punctures, back. [Read more…]
$964,932 default judgment, ranch sale, spring flow
DEFAULT JUDGMENT: $964,931.63 including $380,875 punitives to seller in ranch sale in which buyer alleged misrepresentation of spring flow… Cybulski. [Read more…]
Discrimination, disabled vet with seizure dog
DISCRIMINATION claims against officers for “aiding & abetting” hotel’s refusal to register disabled vet with seizure dog properly rejected on summary judgment… untimely motion to add negligent training/supervision of officers properly denied… H. Brown affirmed. [Read more…]
$300,000 verdict, wrongful discharge, police chief
VERDICT: $300,000, wrongful discharge, Colstrip Police Chief. [Read more…]
Excessive force, tasering in welfare check
EXCESSIVE FORCE: Fact issues preclude summary judgment for officers as to whether tasering intoxicated naked man in welfare check was reasonable, whether he was unlawfully restrained… bankruptcy trustee substituted as Plaintiff… [Read more…]
Easement, adverse use, FS ownership
EASEMENT: Adverse use of property cannot run while federal government owns it, did not begin until FS conveyed title to private entity, no adverse use during period of license agreement, agreement improperly invalidated based on purportedly false [Read more…]
$2 million settlement, jail death
SETTLEMENT: $2 million, jail death, alleged failure to provide medical care, common law negligence/§1983. [Read more…]