RETALIATION: Finding of retaliation against DOC Government Relations Director for participating in investigation of sexual harassment allegations against DOC Director affirmed except 1% growth rate applied rather than 2.5%, award reduced from $413,053 to $377,944… Vanisko affirmed as modified… HRC Final Agency Decision. [Read more…]
Wrongful discharge, inconsistencies during investigation
WRONGFUL DISCHARGE: Inability of DOC HR Director to provide truthful information during investigation into her recordings constituted good cause for termination regardless of disputes as to whether recordings were surreptitious… Seeley affirmed. [Read more…]
$75,000 verdict, $94,077.97 fees, unreasonable force by PO
VERDICT: $75,000, §1983 unreasonable force by Probation & Parole Officer against Plaintiff who was observing arrest of her son, fractured elbow/sprained wrist… $94,077.97 attorney fees awarded of $181,865.47 requested… $2,802.97 costs awarded ($18,812.50 costs of use of force expert who did not contribute to success or appear at trial denied)… $35,000 settlement with City and police officer. [Read more…]
Rural electric service, line extension easement refusal
RURAL ELECTRIC SERVICE: Cooperative and member not required under 1956 and 2008 easements to extend service from member’s ranch buildings to new neighbor a section away… Cavan. [Read more…]
Insurance, defend/indemnify State for Libby asbestos
INSURANCE: Insurer correctly held to have breached duty to defend State for injury/death claims resulting from Libby asbestos… rulings that led to $97,833,193.93 judgment against insurer upheld except as to qualifying “occurrences” and coverage for claimants exposed to asbestos prior to policy period… Holly Brown affirmed, reversed. [Read more…]
Judicial immunity, Justices/law clerks, appeal record porn
JUDICIAL IMMUNITY: Tort claims alleging Supreme Court Justices and law clerks improperly viewed sealed pornographic emails on fired Police Chief’s computer during City’s appeal of his $300,000 wrongful discharge verdict properly dismissed based on judicial immunity… Davies affirmed (memorandum). [Read more…]
Failure to prosecute 2007 horse injury suit
FAILURE TO PROSECUTE: 2007 horse injury suit properly dismissed for inaction… Menahan affirmed (memorandum). [Read more…]
Vicarious hospital liability, jail inmate DT death
VICARIOUS LIABILITY: County in which inmate died from DTs not liable for hospital’s negligence… Sandefur reversed. [Read more…]
Order of protection, female/male deputies
ORDER OF PROTECTION: TOP requested by female Deputy against male Deputy issued in 7/14 terminated, permanent order alleging stalking despite continuation of intimate relations denied. . . male Deputy previously won wrongful termination claim based on “insubordination” allegation stemming from events in relationship, settled for $400,000. . . J. Brown. [Read more…]
Interpleader, wildfire insurance, rehearing denied
INTERPLEADER: Rehearing denied as to holding that interpleader was intended to equitably distribute all insurance notwithstanding 2 judgments against insured and execution writs against $1 million CGL stemming from wildfire affecting 35 neighbors… order. [Read more…]