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…]
Insurance, tripartite premium-financed life insurance
INSURANCE: Motions to dismiss claims involving complex tripartite premium-financed life insurance mostly rejected… Christensen. [Read more…]
Unfair labor practice, failure to timely file
ULP claim properly dismissed for failure to file within 6-month statute and prior to exhaustion of grievance process… Marks affirmed. [Read more…]
Statute of limitations, fall through floor service access
STATUTE OF LIMITATIONS: Claim of fall through service access alleges elements of negligence per se, not claims that are a “liability created by statute,” 3-year statute applies and claim is timely… Vannatta. [Read more…]
Choice of law, employment contract
CHOICE OF LAW in employment contract between Nevadan intending to move to Montana to work for North Carolina employer (and who did reside in Montana at time of termination) validly provides for North Carolina law to govern wrongful discharge claim… Coffman affirmed. [Read more…]
Officer sexual assault, course & scope, FTCA
OFFICER SEXUAL ASSAULT: Law enforcement officers do not as matter of law act outside scope of employment when they use their authority to sexually assault a person they are investigating, question is for trier of fact… answer to 9th Circuit certified question on appeal from Watters’s conclusion that BIA officer who assaulted tribal member was not in course & scope in FTCA case. [Read more…]
Auto/pedestrian defense verdict rehearing denied
AUTO/PEDESTRIAN: Rehearing denied as to Opinion affirming mid-block auto-pedestrian defense verdict… order. [Read more…]
Negligence, mid-block auto-pedestrian defense verdict
NEGLIGENCE: Testimony on statutes/legal conclusions properly limited in mid-block auto-pedestrian… reversal not warranted by claimed errors in admission of irrelevant medical evidence or limiting argument on a damage instruction where jury did not reach damages… UIM defense verdict affirmed… McMahon affirmed. [Read more…]
Property taxes, condemned water company tax refund
PROPERTY TAXES: Condemned water company’s request for tax refund properly denied, but because proration did not occur in condemnation proceeding, not on grounds of unjust enrichment… Halligan affirmed (other grounds). [Read more…]
Disability discrimination, ADA/MHRA v. SSD
DISABILITY DISCRIMINATION: Claimant who represented to SSA that he is disabled and unable to work is not a “qualified individual” vis-à-vis ADA and MHRA. . . Christensen affirmed (memorandum). [Read more…]