INSURANCE BAD FAITH: Amendment to add NIED and IIED to third-party bad faith claims not precluded by MCA 33-18-242(4) (2023) or futility… Johnston. [Read more…]
Water/sewer district, board members’ oath of office
WATER/SEWER DISTRICT: Board members not required to file oath of office, are immune even when oppression, fraud, or malice alleged… Gilbert affirmed. [Read more…]
$50,000 EEOC consent decree, sex harassment/retaliation
CONSENT DECREE: $50,000 punitives to former electric co-op office manager for sexual harassment and retaliation by former general manager plus extensive injunctive relief in EEOC action… previous total of $1,702,148.43 damages in State Court proceedings. [Read more…]
$1,485.12 post-judgment interest on delayed prejudgment
ATTORNEY FEES/INTEREST: $1,485.12 post-judgment interest awarded on 34 days of delayed payment of $255,075.85 prejudgment interest to sexual harassment/retaliation Plaintiff… Plaintiff entitled to fees for motion ($5,862.50 if Defendant does not request a hearing to challenge reasonableness)… Laird. [Read more…]
$110,565 fees incurred in sexual harassment appeal
ATTORNEY FEES: Sexual harassment/retaliation Plaintiff awarded $110,565 fees incurred defending appeal of protracted proceeding “tenaciously litigated” by Defendant on top of $758,454.52 judgment… Laird. [Read more…]
Discrimination, EEOC proceeding vis-à-vis State/HRC
DISCRIMINATION: EEOC Defendant barred by collateral estoppel of state $758,454.52 judgment from relitigating liability, back pay, front pay, emotional distress damages… EEOC’s claims for injunctive relief and punitives and Plaintiff’s claims for punitives and attorney fees/costs remain to be tried… Morris. [Read more…]
Sexual harassment, $505,957 front pay rehearing denied
SEXUAL HARASSMENT: Rehearing of decision that HRC’s “front pay” of $505,957 was improperly increased to $1,379,338 by Laird rejected… order. [Read more…]
Sexual harassment, $758,454.52 damages, $519,837 fees
SEXUAL HARASSMENT: HRC correctly determined that electric co-op office manager was subjected to severe and/or pervasive sexual harassment by GM and not mere “flirting” and was retaliated against… HRC’s “front pay” of $505,957 improperly increased to $1,379,338 by Court, proper damages total is HRC’s $758,454.52… $519,837 fees properly awarded, enhancement properly rejected… Laird affirmed, reversed. [Read more…]
Appellate procedure, supplementation, boxes of exhibits
APPELLATE PROCEDURE: Motion granted to supplement with boxes of files which were not uploaded to electronic record and not so large as to constitute exhibits that cannot be conveniently mailed… order. [Read more…]
Supersedeas bond, Kansas electric “reciprocal insurers”
SUPERSEDEAS BOND issued by Kansas rural electric “reciprocal insurers” insufficient to stay enforcement of $2,523,370.80 sexual harassment/retaliation judgment against subscriber electric… Laird affirmed (other grounds). [Read more…]
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