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Show Forialt PM;r D, ur University of Uth palt LUkeCity, Utah trant E112 U D2 DTXB DHTO3TTT ' UtRAKIB S201973 ORDER DEO, VOLUME 17, NUMBER 52 SALT LAKE -- WASATCH CHEMICAL COMPANY, Defendant and Appellant Trial Court: In favor of plaintiffs. Bonuses earned and payment unlawfully withheld. Supreme Court: Affirmed. . . .plaintiffs rendered valuable services to the defendant with the understanding that they would receive proper compensation therefor." Justice A.H. Ellett diaeenting: When a corporation bylaws for regular bonuses or some form of profit sharing which is reasonable related to services to be rendered, it is binding when accepted by continued service (Zwolancek v. Baker Mfg., 150 Wis. . . .). The instant matter is not such a case. . . . .the immediate resignation of the respondents shows dearly that it was a mere gratuity. Plaintiff counsel: Frank J. Allen 8518. State .. SACRAMENTO' . ' The legislation also make changes in the rating and can edation practices of the insurance auto insurance .bill vspowieregt by the Trial California Lawyers Association was intrtddded'ty&e California legislature Tuesday; . California Courts Insurance Company Held Answerable for Defamation The C.A.ist has ruled that the absolute privilege connected with Judicial proceedings may be lost if the statements, alleged to be defamatory, were not made to achieve the objects of the litigation. This defamation suit by two Nevada attorneys against the Hartford Accident & Indemnity Company grew out of a water skiing accident. In that action for personal injuries, the two Nevada attorneys were on opposite sides. The complaint in the defamation action alleged that Hartford and an attorney, Dewbeny, jointly induced one Ayala, a prisoner in a California jail, to make false and defamatory statements against the two attorneys. Ayala charged that (he two attorneys colluded and prevailed upon a defendant in the personal injury suit to perjure himself in return for being dismissed from the suit. Neither Hartford, Dewbeny, nor Ayala were parties to, or witnesses in the personal injury suit. Hartford filed some documents," publicized Ayalas charges to the mass media, and claimed the - absolute privilege. The C.A. declared that the privilege applied only if: the publication (1) was made in a judicial proceeding, (2) had some logical relation to the action, (3) was made to achieve the objects of the litigation, and (4) involved litigants or other participants authorized by law. The court said on the face of the complaint the conditions had not been met. Consequently, the sustaining Hartfords (et al) demurrers by the trial court without leave to amend on the ground that the complaints failed to state a cause of action was reversed. Bradley v. Hartford Accident k Indemnity Go., C.A. 1st, 1 Civ. 28878, March 1, 1273, per Kane, J. Boccardo, Blum, Lull, Niland, Teerbnk k Bell, Edward Niland for appellants; Crosby, Heafey, Roach & May, Edwin Heafey, Raoul Kennedy for respondents, (tyh) Federally Authorized Tap Unlawful In California The C.A. 4th has held not only that a U. S. District Court authorized wiretap is unauthorized within the meaning of Penal Code Sec. 631 (and thus subject to that sections exclusionary sanction), but also that the state statute is not preempted by federal law. As a result, they affirmed the dismissal of the indictment, an indictment based on evidence that had already been suppressed by the trial court. industry. The MHif Mir deletes the one , dement of the Fenton bill tAB 50). which Trial Lawywriaid they eotdd not five with the dofiar threshold. It was! the threashold feature of the . Ftpon bill wMcb originally led Trial Lawyers tq oppose the measure. Thdr fear was that a low threshold of $1,000 in foe original bill would be amended and Increased . in later sessions. evefltiiaHy eliminating the first and third party claims." Mills presented a table which showed that a motorist would pay $50.10 leu a year under his bill than under Fentons for certain insurance - ! . Claremont Attorney HerbJW CTLA president, and Senate President pro tern James Mfifc,:0-Sa- a Diego, author of the proposed legislation, SB 429, held a joint hews conference in the capital Tuesday to explain the provisions of the bill. The measure is patterned after.foe Delaware Plan and . will continue to allow injured motorists in the state to sue for pain and suffering general damage,' For the past two yearn, the Trial Lawyers have bitterly opposed nofault bills authored by Sol Alfred Park, and Song, , Song-Fento- n Mills said thresholds are good for insurance companies because they, are simple to calculate," but they are bad for people because they produce ineauities." The Mills bill includes the following provisions: Up to $5,000 in full wage and medical benefits for every motorist and passenger injured, regardless of fault. Elimination of the right to sue for first party benefits already received. Institution of a system of comparative negligence contributory negligence, and an increase in the minimum limits of financial responsibility coverage from the current $30,000, $15,000, $5,009 limits to $100,000 per accident and $50,000 per injured person. -- -- consumers. Hafif al$o attacked nproviskn in tbe Fcotaa bfll offing for a 12 percent mandated redaction lathe ' cost of Bodily injury coverage. He said the provision was merely" a device aimed at getting the Mil through the legislature. Fentons bill, supported by Gov. Ronald Reagan, is now before the full Assembly. Mills charged that no "private consumer group has supported the Fenton bin in testimony before legislative committees. He said his plan "should lower premiums because it will reduce lawsuits, avoid duplicated coverage, Fund Approval For Underemployed Federal approval and funding to $539,966 has been granted for five Institutional projects which will give skill training to 169 unemployed or underemployed Individuals, according to the Department of Employment and Social Services. The training courses, under the provisions of the Federal Manpower Development and Training Act (MDTA), Include an automotive duster course for 88 trainees at the Baltimore Skill Cotter, In Baltimore ; a clerical cluster course for 80 trainees, In Annapolis; a clerk typist course In Hyattsvllle for 80 trainees, and an auto body repair course In Oakland for 25. the amount of UNITED STATES v. FULLER et al. THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CERTIORARI TO No. Argued October 18, 1972 In a condemnation proceeding Derided January 16, 1973 brought by the United States, respondents made a claim, which the District Court nrnl Court of Appeals upheld, to compensation for enhanced value on the open market because of use of the condemned fee lands in conjunction with adjoining federal lands for which respondents held permits under the Taylor Grazing Art. Held: The Fifth Amendment requires no compensation for any vnluc added to the fee lands by the permits, which are revocable and, by the Acts terms, create no projicrty rights. Pp. 5. 442 F. 2d 504, reversed. 2-- the Court, in which Burukr, C. J.. and Stewart, White, and Blacxmux, JJ., joined. Powell, J., filed a dissenting opinion, in which Douglas, Brennan, and Marshall, JJ., joined. Rehxqcist, Senate Race - self-inter- est SUPREME C0UBT OF THE UNITED STATES 71-5- 59. Reagan Takes Self Out of right to all general damages. Trial Lawyers President Rfif said from a selfish point of view, this bill (Mills) Is hostile to the of the Trial Lawyers," but be insisted that k was good for . bills dollar thresholds figure which would have to be reached before a claimant could sue for damages. During the eary morning news conference, Senator Mills said that the American system of justice does not require a aibitaiy medical threshold that treats people as numbers, rather than as people." coverage. -- so-call- ed The 3 eliminate the requirement of purchasing unneeded insurance and encourage prompt payment of both . contain. E. 1 South See details page By Steve MartfeH : Assemblyman Jack Fenton, Defendantcounad: RichartMollinet 180 . Auto Insurance Bill NJ. THATCHER, JR., LAWRENCE E. THATCHER AND WINSTON L. THATCHER, Plaintiffs and Respondents, MONDAY, MARCH 19, 1973 Trial Lawyers Sponsor No - Fault Capsule- BONUS CORPORATE ANNUAL PAYMENT AFFIRMED FOLLOWING DIRECTOR RESOLUTION RESCINDING Y UTAH InColifornia Utah Supreme Court Decition I CITY, J..' delivered the opinion of SACRAMENTO (UPI) Gov. Ronald Reagan announced Tuesday he will not be a candidate for foe U.S. Senate in 1974 but left the door open for a possible presidential bid . 1 tains. 'Reagan 'took his name out of consideration for the Senate race at Ms weekly news conference. In a prepared statement, the Governor said: "Today I wish to announce in answer to your ' often repeated questions I will not be a candidate for the U& Senate in 1974. 1 have listened to those who urged me to seek that office." "I fed greatly honored by their repression of confidence and offers of siqiport But I am convinced I have a greater responsibility wMch is to devote the next two years to achieving the several goals our administration has set for itself beginning with the limitation of foe tag burden- borne by all Californians. Reagan is pushing a revolutionary tax limitation plan that he says would reduce the state tax burden by - 29 per cent during the next 15 years. Reagan, looking tenseL hurriedly read the statement and then was immediately asked by a reporter whether this meant he would run for President in 1976. "This means I have made a decision as to what I will not run for in 1974. What Im going to do beyond 1974, there is no change in the answers that I have given you in the the Republican governor past, promptly replied. Reagan has said I dont know what Im going to do," in 1976 and insisted that he should not be counted out merely because of age. The still handsome former movie actor will be 65 jn 1976. Reagans announcement he would not run against Democratic Sen. Alan Cranston next year had been . expected for some time. The Governor privately decided this a few weeks ago, intimates said, but he kept the decision virtually to himself. With Reagan bowing out of senate the next logical republican candidate is former Lt. Gov. and HEW secretary Robert H. contention, Finch, 47. Finch, now a Los Angeles attorney, has been testing the water" trying to decide whether to enter a crowded contest for. the GOP gubernatorial nomination or take on a tough race against Cranston. I |