OPENCUT MINING: Title 27 preliminary injunction provisions improperly applied to mining challenge when Plaintiff had remedy for similar relief in pending Title 75 action challenging environmental review… Larson reversed. [Read more…]
Wrongful discharge, reinstatement offer rejection
WRONGFUL DISCHARGE: Credit union employee’s claim that he was wrongfully discharged properly rejected on summary judgment based on undisputed fact that he rejected unconditional offer of reinstatement, no properly submitted evidence to support “special circumstances” to justify rejection… McMahon affirmed (memorandum). [Read more…]
Possession, supervisory control of hearing denial denied
POSSESSION: Supervisory control of hearing denial by Eddy denied. . . order. [Read more…]
Serial litigation, amended complaint
SERIAL LITIGATION: Amended complaint did not constitute serial litigation as 2nd Judge was not asked for “the same order” as 1st Judge… Ortley reversed. [Read more…]
Insurance, subrogation, post-construction flooding
INSURANCE: Insurer precluded from subrogation against contractor for amounts paid for post-construction broken-pipe flooding of school… waivers not violative of public policy, not ambiguous, apply to real & personal property, contractor not barred by clean-hands/judicial-estoppel… 1st-impression issues… Ortley. [Read more…]
Arbitration, home construction contract
ARBITRATION clause in home construction contract enforceable… Ulbricht reversed. [Read more…]
Wrongful discharge, HR Manager probation period
WRONGFUL DISCHARGE: Hospital HR Manager’s probation began when she began work, not when she accepted employment offers, terminated within 6 months while still [Read more…]
Wrongful discharge, probation period
WRONGFUL DISCHARGE: HR Manager’s probation began on date she was “owed compensation” pursuant to §40-5-901(1), not from when she may have provided uncompensated [Read more…]
Construction lien, subdivision road, $111,414 fees
CONSTRUCTION LIEN: Subdivision road “commercial in nature,” not residential, contractor not required to give notice of right to claim lien… challenges to establishment of lien not preserved… attorney fees/interest not relevant to rejected [Read more…]