ARBITRATION: Nonsignatories to agreement not bound to arbitrate FLSA claims under equitable principles… Cavan affirmed (memorandum). [Read more…]
Legal malpractice insurance, rescission, innocent partner
LEGAL MALPRACTICE INSURANCE improperly rescinded, voided ab initio, as to innocent partner of partner who stole from clients. . . ruling upholding rescission understandable as based on erroneous precedent that insurers had statutory right to rescission without equitable considerations. . . stare decisis does not require perpetuation of incorrect precedent. . . 3rd-party claims properly barred because they were lodged after policy canceled or under criminal exclusion. . . Haynes reversed, affirmed. [Read more…]
Defense verdict, discharge, MSP caseworker
VERDICT: Defense, wrongful discharge, MSP case manager. [Read more…]
$240,000 settlement, teacher termination
SETTLEMENT: $240,000, teacher fired for turning contract in a day late… settled mid-trial following 2 unfavorable District Court rulings, 2 favorable 9th Circuit rulings, amount obtained under FOIA. [Read more…]
Jurisdiction, Kansas bus components
JURISDICTION: Supervisory control of Dayton and Newman denied as to their finding of jurisdiction over Kansas manufacturer of fiberglass components of bus that overturned [Read more…]
Wrongful discharge, pre-termination due process
WRONGFUL DISCHARGE: County employee caught using county equipment at home, and whose termination was later set aside, received sufficient pre-termination due process… Cebull [Read more…]