COMP EXCLUSIVITY: Trucking company was an “immediate employer” (employer-in-fact) of driver assigned by PEO (employer-at-law) which paid comp premiums. . . PEO Act not violative of Art. II §16 full redress. . . trucking company entitled to immunity from tort claims by injured driver. . . Townsend affirmed. [Read more…]
Sexual harassment, painting owner/employee
SEXUAL HARASSMENT: HO failed to explain how homeowners’ testimony in support of painting owner overcame testimony of employee’s corroborating witnesses, remanded for reconsideration. . . owner properly dismissed for failure to properly add as party. . . Holien/McMahon reversed, McMahon affirmed as to dismissal of employer. [Read more…]
$12,543,484.60 judgment against former AFB housing venturer
BENCH JUDGMENT: $12,543,484.60 against joint venturer in development of former Air Force base housing units. . . sheriff’s sale of properties ordered. . . Laird. [Read more…]
Commodity trading contract, computerized system
COMMODITY TRADING CONTRACT: Defense judgment in computerized trading system reversed… dilatory Defendants properly denied leave to assert counterclaims… Haddon reversed, affirmed (unpublished). [Read more…]
Real estate development, “muddled & chaotic case”
REAL ESTATE DEVELOPMENT: Summary rulings in “muddled and chaotic case” in which no party substantially prevailed affirmed… no fees per prevailing party or derivative claim statute… Jones affirmed. [Read more…]
Experts, collapsed ladder
EXPERTS: Plaintiffs’ experts as to manufacturing & design defects and duties of importers/wholesalers qualified under Rule 702 and Daubert in collapsed ladder case, motion to exclude for failure to satisfy Rule 26 denied… Lovell. [Read more…]
Discovery, late-disclosed expert’s report
DISCOVERY: Late-disclosed metallurgical expert’s report in collapsed ladder case stricken, expert excluded as witness, [Read more…]
Sanctions, subdivision association libel/slander
SANCTIONS: Rule 11 proper for bringing subdivision association libel/slander suit for many improper purposes… [Read more…]