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Tag Archives: Judge Michael F. Urbanski

‘Surface water’ exclusion applies to water pooled on roof (access required)

The court agreed with the majority of courts around the country that, in an insurance contract exclusion for “surface water,” that term includes water on a roof. Because the property damage claim arose from water that ponded on the insured’s ...

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Prevailing party in coal shipping dispute entitled to relief (access required)

The prevailing party in a breach of contract case involving the shipping of coal is excused from future performance because of the defendant’s breach. But it was not entitled to rescission because the defendant partially performed and there was no ...

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Staffer who listened to prosecutor, magistrate gets immunity (access required)

Where an investigator with the sheriff’s office did not cause arrest warrants on dog theft and obstruction of justice charges to be issued he was insulated from liability. And where he relied on the opinion of the commonwealth’s attorney and ...

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Good faith exception rescues invalid GPS warrant affidavits (access required)

Where affidavits for GPS tracking devices issued in a narcotics case included no corroborating facts, they lacked sufficient information to establish probable cause. However, because the officers had information that was “inadvertently” omitted from the affidavits, there was no showing ...

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Bonding company ordered to produce contested documents (access required)

In a case involving a company that posts bonds for those being held in immigration detention centers while they await court cases, disputes over the scope and sensitivity of discovery requests were resolved. Background This matter comes before the court ...

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Disparate pay claims against Walmart dismissed (access required)

Eight former female employees failed to provide sufficient facts to support their allegations that Walmart discriminated against them on the basis of sex by paying them less than similarly qualified or less-qualified men and by failing to promote them in ...

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Jurisdiction grounded on ‘federal enclave’ (access required)

Where an alleged wrongful termination, common-law conspiracy and statutory conspiracy occurred at the Redford Arsenal, land ceded to the United States, there was subject matter jurisdiction because the land was a “federal enclave.” The same claims, however, failed as a ...

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