ENVIRONMENT: Constitution’s clean & healthful environment properly found to include stable climate system, invalidates MEPA review limitation… 16 children had standing to bring challenge… psychiatric exams of 8 children properly denied… Seeley affirmed. [Read more…]
Guardianship, Creditor’s Claim, missing daughter
GUARDIANSHIP: Creditor’s Claim for reimbursement for costs claimed in connection with appointment as conservator of missing daughter who was later found drowned in river properly denied for failure to substantiate costs… Marks affirmed. [Read more…]
COVID masking, school mandates
COVID MASKING: Substantive due process challenge to school mask mandates properly rejected on summary judgment… Marks affirmed. [Read more…]
Defense verdict, fire caused by combine in wheat field
VERDICT: Defense, combine operator not negligent as to fire caused by combine in wheat field. [Read more…]
Attorney disqualification, drop client like “hot potato”
ATTORNEY DISQUALIFICATION properly denied absent explanation of how Defendant was prejudiced by concurrent representations, dropping client like a “hot potato” does not constitute prejudice per se… Ohman affirmed. [Read more…]
Political discrimination, demoted sheriff’s deputy, §1983
POLITICAL DISCRIMINATION: §1983 claim improperly dismissed on grounds that HRA was exclusive remedy for claims by demoted sheriff’s deputy grounded in political discrimination but unchallenged ruling upholding FAD precludes reinstatement of §1983 claim… notice of appeal properly encompassed dismissal of District Court complaint… Lint affirmed. [Read more…]
COVID masking, school masking policies
COVID MASKING: Preliminary injunctions against school masking policies properly denied… Marks and McElyea affirmed. [Read more…]
Malicious pros claim against pro bono attorneys rejected
MALICIOUS PROSECUTION claim against pro bono attorneys who alleged scheme to defraud elderly couple of reverse mortgaged property properly dismissed on summary judgment… Wilson affirmed. [Read more…]
Clean Campaign Act, PACs’ notice to candidates
CLEAN CAMPAIGN ACT: Requirement that political committees contemporaneously provide a candidate any campaign advertisement published within 10 days of an election if it refers to, but does not endorse, the candidate, does not pass constitutional muster… Molloy. [Read more…]
Rule 59, emotional damages from theft of vehicle
RULE 59 motions by both sides following rejection of $62,750 emotional damages stemming from theft of vehicle from tire shop untimely, Plaintiffs’ motion for new trial to resurrect tactically dismissed NIED claim denied… Defendant’s motion converted to 60(b)(6) to allow amendment of judgment to only $2,278.43 bailment damages… Molloy. [Read more…]
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