LEGAL MALPRACTICE: Plaintiff properly held not to have pled viable malpractice claim because advice in 2020 could not have caused him to extinguish his right of survivorship which was extinguished in 1987 when he conveyed a life estate to his stepmother… Seeley affirmed. [Read more…]
Probate, self-deleting text not valid will
PROBATE: Self-deleting text about “touching up my will at the moment” and “i wanted to let you know that my sword company is going to go to you and david and ted” did not constitute valid will… Recht affirmed (memorandum). [Read more…]
HRB conciliation, age discrimination, consent lacking
HRB CONCILIATION: Consent lacking from “agreement in principle” that set payment for age discrimination but lacked affirmative relief provisions… Seeley affirmed. [Read more…]
School athletics, denial of waiver from 8-semester rule
SCHOOL ATHLETICS: Preliminary injunction denied as to MHSA’s denial of waiver from 8-semester rule for 5th-year senior to play basketball after absence sophomore year due to Covid… Murnion. [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…]
Probate, self-deleting text to friends not valid will
PROBATE: Self-deleting text about “touching up my will at the moment” and “i wanted to let you know that my sword company is going to go to you and david and ted” did not constitute valid will… Recht. [Read more…]
Wrongful discharge, marital discrimination claims
WRONGFUL DISCHARGE: Complaint improperly dismissed based on inclusion of improper marital discrimination claims… Rienne McElyea reversed (memorandum). [Read more…]