August 18, 2006
We'll end the week, as usual, with a check on some rulings around the state.
5th District affirms summary judgment in disability discrimination case, saying just because you're an alcoholic doesn't mean they can't fire you if you show up for work drunk... 8th District affirms $80,000 malpractice award in divorce case representation, holding that client's contacting new lawyer didn't terminate attorney-client relationship, and that settlement of divorce case didn't waive claim of malpractice... 3rd District holds that antenuptial agreement validly excluded appreciation in husband's pension from being considered as a marital asset... 8th District reverses class certification, finds that common questions don't predominate; good review of class action law...
12th District finds no Apprendi-Blakely violation in trial court's determination that stalking was sexually motivated, on grounds that determination of sexual motivation factor was remedial, not punitive... 8th District affirms trial court's refusal to grant substitution of counsel during trial, despite open conflict between defendant and his attorney, holding that "the right to counsel does not include a right to a peaceful and meaningful relationship between counsel and defendant"...
And this: the 6th District upholds a finding that homeowner's yard was a nuisance, over claim that tall grass and weeds were really "ornamental grass and herbs." Guess I'll be getting out the lawnmower this weekend after all....
See you on Monday.
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