MEDICAL-LEGAL PANEL: Plaintiff may proceed against methadone clinic PA who was not named in MMLP Application because PAs are not subject to MMLP jurisdiction… Harada. [Read more…]
Officer sexual assault, course & scope, FTCA
OFFICER SEXUAL ASSAULT: Law enforcement officers do not as matter of law act outside scope of employment when they use their authority to sexually assault a person they are investigating, question is for trier of fact… answer to 9th Circuit certified question on appeal from Watters’s conclusion that BIA officer who assaulted tribal member was not in course & scope in FTCA case. [Read more…]
Wrongful discharge, time-barred even given tolling
WRONGFUL DISCHARGE claim properly dismissed as time-barred even given claimed tolling period… Cuffe affirmed (memorandum). [Read more…]
Collateral attack of rape sentence
COLLATERAL ATTACK of rape conviction by civil suit barred by collateral estoppel. . . Dayton affirmed (IOR I-3(c)). [Read more…]
Release, oil/gas entity, $100,000 v. $2 million
RELEASE of interest in oil/gas entity to attorney/cpa in need of funds for $100,000 in hand as opposed to uncertain $2 million in future not unconscionable. . . Molloy affirmed (unpublished). [Read more…]
Wrongful arrest/excessive force
WRONGFUL ARREST/EXCESSIVE FORCE claims by assault Defendant against officer and City dismissed on summary judgment… Lynch/Morris. [Read more…]
Naturopath malpractice, black salve, punitives
NATUROPATH MALPRACTICE: FDA warning against black salve as cancer cure properly excluded from non-cancer nose damage claim, naturopath allowed to testify as to standard of care despite non-expertise as to black salve, jury rejection of punitives while awarding $139,500 compensatory affirmed… J. Brown affirmed. [Read more…]
Open meetings, city manager hiring
OPEN MEETINGS: Illegal executive session for deliberation on selection of city manager remedied by additional public meetings… Manley affirmed. [Read more…]
FELA, release rescission, supervisory control
FELA: Supervisory control of Macek denied as to grant of FELA release rescission… order. [Read more…]
§1983, drug defendant suicide
§1983 claims against Detective in drug defendant suicide survive summary judgment… objections to Erickson’s recommendations sustained, denied… Christensen. [Read more…]