EXCESSIVE FORCE/TERRY STOP: Dismissal of state law claims against officer and City relating to investigation of motorcyclists/motorist confrontation properly dismissed on summary judgment following 9th Circuit disposition of federal claims affirmed… objection to supplemental jurisdiction waived but in any event properly exercised… Watters affirmed (unpublished). [Read more…]
Insurance, spy software coverage
INSURANCE: Coverage claims in spy software cases properly rejected… Watters affirmed (unpublished). [Read more…]
Excessive force/Terry stop
EXCESSIVE FORCE/TERRY STOP claims against officer relating to investigation of motorcyclists/motorist confrontation should have been dismissed on summary judgment… Molloy reversed (unpublished). [Read more…]
Collateral estoppel, coffee kiosks, other case
COLLATERAL ESTOPPEL: Summary judgment in coffee kiosk case proper based on litigation through trial and appeal of other case… Fagg affirmed (IOR I-3(d)). [Read more…]
Insurance, home defects, $192,500 confession
INSURANCE: Insurer breached duty to defend contractor against home defect claims, liable for $192,500 settlement… Court declines to extend insurance exception or DJA to assignee of indemnity right under insurance contract for attorney fees… assignee has standing to bring coverage action, sue under UTPA, despite insurer not consenting to insured assigning rights… insurer’s coverage argument a non-issue following breach of duty to defend… risk retention group irrefutably subject to liability for any proven violations of UTPA, Court disheartened by representations otherwise… amendment by Plaintiff to fix typo granted over insurer’s request for summary judgment for citation to wrong statute… Christensen. [Read more…]
Discovery sanctions, refusal to attend deposition
DISCOVERY SANCTIONS: Prisoner’s search & seizure suit dismissed for refusal to appear for deposition, Defendants’ request for fees denied… Ostby. [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…]
$176,242, disability discrimination, veteran PTSD
DISABILITY DISCRIMINATION: $176,242, Iraq veteran with PTSD… separate fees/costs settlement… Terry Spear. [Read more…]
$160,279 verdict, wrongful discharge, BON
VERDICT: $160,279, wrongful discharge, Board of Nursing Executive Director. [Read more…]