LEGAL MALPRACTICE: Summary judgment for attorneys improperly granted as claim of negligence was not based solely on failure to appeal underlying divorce decision but encompassed numerous allegations of pre-appeal conduct… Larson reversed. [Read more…]
Bankruptcy, fraudulent transfer, marital estate
BANKRUPTCY: Debtor’s interest in $400 million marital estate improperly excluded in determining insolvency at time of $13 million loan for fraudulent transfer purposes… lender’s challenge of holding that res judicata precluded Trustee’s usury claim waived… Kirscher/Christensen affirmed, reversed (unpublished). [Read more…]
State employee demotion
STATE EMPLOYEE DEMOTION: Any error by HO in admitting full investigative report with hearsay was harmless… BOPA exercised unwarranted discretion in rejecting findings & conclusions without considering other evidence in record… Hanchett affirmed, BOPA reversed, Sherlock affirmed. [Read more…]
Discrimination, sexual favoritism, appeal time
DISCRIMINATION: Sexual favoritism/retaliation claims subject to HRA, time-barred… Reynolds affirmed. [Read more…]
$244,239 verdict, wrongful discharge
VERDICT: $244,239, wrongful discharge, MDC psychology specialist allegedly fired for attempting to entice client to move in with her. [Read more…]
Sex discrimination v. wrongful discharge
SEX DISCRIMINATION/RETALIATION claims barred by HRA exclusivity despite re-characterization as wrongful discharge, now untimely… Reynolds. [Read more…]
Demotion, MDT HR Civil Rights Bureau Chief
DEMOTION: MDT HR Civil Rights Bureau Chief demotion grievance recommended denied, alcohol odor/ performance correlation found… Gregory Hanchett. [Read more…]
Attorney disqualification, prior representation
ATTORNEY DISQUALIFICATION: Attorney and firm who represented Plaintiff before 2010 still considered by Plaintiff to be her counsel, disqualified from representing Defendants… Knisely. [Read more…]
Equine liability, horse kick, guest/employee
EQUINE LIABILITY: Horse kick claim precluded by equine liability statute, attempt to amend to allege comp liability denied as untimely, in conflict with complaint assertion that Plaintiff was guest… Newman. [Read more…]
Septic permit, duty to maintain records, lost sale
SEPTIC PERMIT: County had duty to maintain septic permit records, damages relating to failed sale due to failure to produce permit reserved for trial… Seeley. [Read more…]