ARBITRATION: Plaintiff did not assent to arbitration agreement expressly or impliedly, by failure to opt out, or by continuing to work for Defendant… order compelling arbitration reversed… Haddon reversed (memorandum). [Read more…]
Work comp, Class 1 claimants without actual wage loss
WORK COMP: Legislature had rational basis for distinguishing between Class 1 and Class 2 or higher impairment claimants without actual wage loss, equal protection challenge properly rejected… Sandler affirmed. [Read more…]
Class action, “obsolete” background check information
CLASS ACTION: 2nd motion to certify a class by Plaintiff suing background checks firm for “obsolete” information again fails for lack of showing of superiority… Halligan affirmed (IOR I-3(c)). [Read more…]
Child abuse reporting, church exception, no $35 million
CHILD ABUSE REPORTING: Jehovah’s Witnesses not mandatory reporters under church confidentiality exception, not negligent for handling abuse claims internally… $35 million verdict reversed, remanded for summary judgment for church… Manley reversed. [Read more…]
§703(2) impairment classifications constitutionality
§703(2) impairment classifications constitutional… Sandler. [Read more…]
$34,960,000 verdict, church failure to report sex abuse
VERDICT: $34,960,000 net for one Plaintiff, Defense verdict as to one, church failure to report child sex abuse. [Read more…]
Child sex abuse, church’s failure to report
CHILD SEX ABUSE: Supervisory control over Manley denied as to partial summary judgments against church in suit for failure to report child sex abuse. [Read more…]
Class certification, “obsolete” background info
CLASS ACTION: Plaintiff suing background checks firm for “obsolete” information failed to meet 26(b)(3) superiority, certification properly denied. . . Halligan affirmed. [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…]
Trucking company dispute, $1,890,000 verdict
TRUCKING COMPANY DISPUTE: $1,890,000 verdict for Defendant/Counterclaimant affirmed… Larson affirmed (IOR 3(c)). [Read more…]