DLI’s failure to make factual finding as to whether Claimant’s failure to attend medical appointments was unreasonable before approving insurer’s request to suspend comp requires remand… Bruner. [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…]
Race discrimination, District Court suit against HRB
RACE DISCRIMINATION: District Court complaint against HRB for dismissing 2002 claim years ago properly dismissed for failure to first file with HRB, also beyond 180-day statute… Parker affirmed (memorandum). [Read more…]
Liquor, Agency Franchise Agreement transfer
LIQUOR: Agency Franchise Agreement transfer interference claims properly rejected… Oldenburg affirmed. [Read more…]
Fraud claims jurisdiction
Fraud claims not properly before the Court, evidence supporting those claims irrelevant and inadmissible… Sandler. [Read more…]
Employment contract, soccer coach, alleged escort calls
EMPLOYMENT CONTRACT: Fired soccer coach’s privacy and negligence claims stemming from alleged escort calls on university phone properly found to arise solely under contract, dismissed for failure to timely file… defamation and tortious interference claims independent of contract, improperly dismissed for failure to state claim… Larson affirmed, reversed. [Read more…]
Appeal of medical review panel re-open denial
Insurer is proper party to defend appeal of medical review panel denial of reopen… Sandler. [Read more…]
Work comp, “negligence per se” UEF denial jurisdiction
WORK COMP: WCC has exclusive jurisdiction to consider claim of negligence per se in UEF’s denial of responsibility which allegedly caused Plaintiff harm… Vannatta. [Read more…]
Medical examiners, licensure negligence/nuisance
MEDICAL EXAMINERS: Supervisory control denied as to Judge Krueger’s denial of Rule 12(b)(6) motion for dismissal from action alleging negligence and private & public nuisance for failing to deny or terminate license of psychiatrist who allegedly prescribed improper meds… public duty/quasi-judicial immunity arguments more properly first developed and argued below… order. [Read more…]
$28,559.82 UEF penalty
Sufficient evidence to support $28,559.82 UEF penalty… Sandler. [Read more…]