PLEA WITHDRAWAL: District court decision from another circuit finding SORNA violative of Commerce Clause not “fair & just” reason to allow sex registration Defendant to withdraw guilty plea… Cebull affirmed. [Read more…]
Archives for 2009
Arbitration, shortline interchange agreement
ARBITRATION award allowing BN to terminate shortline interchange agreement and base future pay pursuant to Rule 11 arrangement rather than per-car as under terminated agreement confirmed… Strong. [Read more…]
Discovery, waiver of objections
DISCOVERY: Defendant waived objections by not timely & properly stating objections, untimely privilege log insufficient, claimed (disputed) oral stipulation to extension not permitted by Rules… counterclaims not dismissed as sanction… Ostby. [Read more…]
Settlements
Plan I
Gary Ostermiller, vertebrae, 12/06, $15,000, Russell Plath
Leslye Reimer, wrist(s)/hand(s), 6/08, total, $5,000, Charla Tadlock [Read more…]
Insurance, fees, 3rd-party common law bad faith
INSURANCE: Fees/costs incurred in settling claim not allowable as 3rd-party common law bad faith damages, $66,666.67 fees verdict reversed, voiding basis for $350,000 punitives… Claimant properly allowed to introduce testimony on industry practices as to advancing wages, insurer’s proposed instruction as to liability for refusing to advance [Read more…]
Probate, holographic will, testamentary capacity
PROBATE: No testamentary capacity for holographic will (or for competing will)… undue influence in transfer of state lease and oil/gas payments… Irigoin affirmed. [Read more…]
Wage claim, re-classified employee’s overtime
WAGE CLAIM: Re-classified employee’s overtime claim untimely, unauthenticated email not proper evidence of when he became aware of reclassification and no legal effect on when wage claim accrued… Sherlock affirmed. [Read more…]
Search/seizure, warrantless entry
SEARCH & SEIZURE: Probable cause and exigent circumstances justified warrantless entry into home while attempting to locate minor reported to be traveling with Defendant to purchase alcohol… not necessary to [Read more…]
Sentencing, ASA v. PFO, prescription drugs
SENTENCING: The more specific ASA gives discretion to sentence PFO to treatment if prison not appropriate… prison for prescription drug Defendant appropriate in this case… Larson affirmed. [Read more…]
Bench judgment, house construction
BENCH JUDGMENT: $10,000 plus interest for Defendant/Counterclaimant builder, $8,870 for Plaintiff owners of Big Sky spec houses for punch list… Tucker. [Read more…]
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