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Inconclusive scientific evidence of a causal connection between exposure to RF or EM emissions and adverse health effects was insufficient for a utility customer to prove by a preponderance of the evidence that having a required smart meter in their home constituted unsafe or unreasonable utility service. Order of the Public Utility Commission affirmed.
Attorney retainer agreements contained an implicit contractual obligation to provide legal services consistent with that expected from the profession, and thus the trial court erred in converting former client's breach of contract claim into a malpractice claim and dismissing the case under the negligence statute of limitations. Order of the trial court reversed, case remanded.
Publication Date: 2024-04-05 Practice Area:Family Law Industry: Court:Supreme Court Judge:Justice Donohue Attorneys:For plaintiff: for defendant: Case Number: 8 EAP 2023
Juveniles adjudicated delinquent and ordered to out-of-home placement could seek expedited review of their placement as of right, with the superior court not having the discretion to deny review. Order of the superior court reversed.
Plaintiff and defendants filed cross-motions for summary judgment in plaintiff's action alleging violations of a software license agreement. In pertinent part, the court held the plaintiff had no claim for breach of the license agreement's restriction against unauthorized distribution of confidential software where, even if defendants breached the provision, plaintiff offered no evidence of resulting damages.
Police officer was not entitled to qualified immunity where he misrepresented the strength of the sole eyewitness identification and omitted other exculpatory facts, thereby undermining the magistrate's finding of probable cause and violating the arrested individual's clearly established rights. Order of the district court affirmed.
Petitioners sought mandamus to prevent the disclosure of documents the district court ordered released under the fraud exception to the attorney client privilege and court found petitioners failed to show a clear and indisputable abuse of discretion or error of law, a lack of an alternate avenue for adequate relief or a likelihood of irreparable injury. Motion denied.