LIQUOR: SB 193 restructure of agency store commissions does not implicate Contracts Clause. . . Haddon affirmed, reversed. [Read more…]
Liquor, SB 193 store commission, state contract law
LIQUOR: SB 193 restructure of agency store commission rates breached contract under state law, remanded for determination of remedy. . . Haddon reversed (memorandum). [Read more…]
Electronic spoliation, sexual misconduct emails
ELECTRONIC SPOLIATION: Supervisory control of Reynolds granted reversing default judgment against MSU as spoliation sanction for failure to preserve emails related to student’s claim of sexual misconduct by professor. [Read more…]
Police pay, longevity, $2,738,145.12 judgment
POLICE PAY: CBAs’ longevity provisions improperly found unambiguous while excluding City’s extrinsic evidence but selectively relying on Officers’… $2,738,145.12 judgment reversed, remanded for retrial with extrinsic evidence… Swandal/Gilbert reversed. [Read more…]
$744,341 consent judgment, Judge/court reporter
CONSENT JUDGMENT: State not obligated to defend/indemnify Judge accused of sexual harassment of court reporter or pay unconsented $744,371 settlement… reporter may have claim under pending HRA proceeding… Sherlock. [Read more…]
Taxes, coal severance/gross proceeds, RITT
TAXES: Coal severance/gross proceeds taxes paid to Tribe not deductible for RITT… Seeley affirmed. [Read more…]
Wrongful discharge, state tourism administrator
WRONGFUL DISCHARGE: No prima facie political discrimination in discharge of tourism administrator… DOC Director immune… good cause for termination based on failure to comprehend budget which jeopardized tourism funds… Seeley affirmed. [Read more…]