WRONGFUL DISCHARGE: Fired policeman who has not exercised right to hearing before Police Commission to clear name of stigmatizing charges cannot claim violation of due process rights… Cavan affirmed (memorandum). [Read more…]
Insurance agent termination, non-compete covenant
INSURANCE AGENT TERMINATION: Contract-based damages limited to 10-day notice period… deferred compensation forfeiture-for-competition clause an unreasonable restraint of trade, briefing ordered on amount to be awarded… jury questions as to enforceability of non-compete covenant and whether employer breached agreement or otherwise acted in bad faith… Menahan. [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, probationary grocery executive
WRONGFUL DISCHARGE: Probationary grocery executive’s wrongful discharge claims dismissed… breach of contractual promise of bonus, breach of implied covenant, defamation, IIED/NIED claims survive to extent they are not based on termination, dismissed to extent they are intertwined with termination… Ostby. [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…]
Wrongful discharge, state tourism administrator
WRONGFUL DISCHARGE: No prima facie political discrimination in discharge of tourism administrator… DOC Director immune… good cause for termination based on failure to comprehend budget which jeopardized tourism funds… Seeley affirmed. [Read more…]
Appeal certification, unadjudicated claims
APPEAL CERTIFICATION: 54(b) does not contemplate unadjudicated claims, certification proper for grant of summary judgment for Defendants on wrongful discharge/political discrimination, improper for denial of summary judgment for Defendants on defamation/invasion of privacy… Seeley affirmed, reversed… order. [Read more…]
Work comp, pain patches, collateral estoppel
WORK COMP: Claim for continued payment of pain patches not barred by collateral estoppel of prior impairment rating entitlement… fees/penalty properly denied due to reliance on prior impairment increase denial for terminating patch [Read more…]
Disability discrimination, seizure alert dog
DISABILITY DISCRIMINATION: $15,000 for emotional distress from refusal to allow seizure alert dog in motel where it had previously been allowed… Gregory Hanchett. [Read more…]
Pain causation
Original injury and resulting surgeries related to ongoing pain, prior ruling to contrary based on treating physician’s inability to define the relationship not res judicata to present claim… insurer reasonably disputed further pain medication based on prior ruling, paid under [Read more…]