HOLOGRAPHIC WILL valid only for appointing sister PR, did not create power of appointment or trust, undisposed part of estate must pass under intestacy to children… Knisely affirmed, reversed. [Read more…]
FTCA, VA nurse’s claims against US
FTCA: VA nurse’s claims against US barred by sovereign immunity… Watters affirmed (memorandum). [Read more…]
Political discrimination/retaliation, fired Deputy
POLITICAL DISCRIMINATION/RETALIATION claims by fired deputy who withheld Brady drug tests, ran in sheriff election, made disparaging social media remarks about new sheriff rejected… OAH HO Jeffrey Doud. [Read more…]
Wrongful discharge, police officer, defense verdict
WRONGFUL DISCHARGE: Summary judgment and JML motions by police officer as to PD termination policies properly denied, defense verdict affirmed… Ruiz affirmed (memorandum). [Read more…]
Judicial immunity, Justices/law clerks, appeal record porn
JUDICIAL IMMUNITY: Tort claims alleging Supreme Court Justices and law clerks improperly viewed sealed pornographic emails on fired Police Chief’s computer during City’s appeal of his $300,000 wrongful discharge verdict properly dismissed based on judicial immunity… Davies affirmed (memorandum). [Read more…]
Defense verdict, wrongful discharge, policeman
VERDICT: Defense, wrongful discharge, policeman. [Read more…]
$24,500 verdict, reassignment of State grazing leases
VERDICT: $24,500, breach of ranch lease involving dispute as to reassignment of State leases after termination of ranch lease, plus $36,440 attorney fees. [Read more…]
Prescriptive easement, notice, school road encroachment
PRESCRIPTIVE EASEMENT: Encroachment of school access road was obvious even if survey provided first actual notice, satisfying open/notorious element… Wald affirmed. [Read more…]
Malicious prosecution, dangerous animal acquittal
MALICIOUS PROSECUTION: City and Prosecutor immune from claims stemming from failed dangerous animal prosecution… Harris affirmed (IOR I-3(c)). [Read more…]
Dispatcher timecard investigation, defamation
DISPATCHER TIMECARD INVESTIGATION: Abuse of process, defamation, Anti-Intimidation Act, spoliation, negligence claims of dispatch supervisor who was investigated but not prosecuted for timecard fraud properly dismissed on judgment on pleadings and summary judgment… Hayworth affirmed (IOR I-3(c)). [Read more…]