POSTCONVICTION: Published opinion of which Defendant was unaware not “newly discovered evidence” that would allow exception to 1-year statute… Deschamps affirmed (IOR I-3(d)). [Read more…]
Archives for 2009
Jury, bias, removal for cause
JURY: Questioned panelist did not reveal actual bias, properly not removed for cause… Deschamps affirmed (IOR I-3(d)).
Jesus Lopez was charged with 2 counts of assault on an officer, criminal [Read more…]
Defense verdict, horse fall, head/ribs/artery
VERDICT: Defense, horse fall, concussion/fractured ribs/dissected vertebral artery.
A Missoula jury found that E Bar L Ranch did not breach a duty owed to [Read more…]
$1,247,600 MPC class action payments
$1,247,600 paid in MPC class action in impairment awards, penalties, attorney fees, costs, additional PPD.
In 3/98 Herman Gonzales, Kenny Laudato, and Fawn Lyons filed a class [Read more…]
Settlements
Plan I
James Ryan, vertebrae, 04, disputed shoulder meds, $16,000, Laurie Wallace [Read more…]
Libel/malicious prosecution, appraiser complaints
LIBEL/MALICIOUS PROSECUTION: Complaints against appraiser privileged communications made in official proceeding authorized by law and to proper authorities, immune from libel claim, summary judgment rather than jury determination proper… malicious prosecution claim [Read more…]
Estate dissipation, daughter/elderly mother, fees
ESTATE DISSIPATION: Daughter/husband exercised undue influence over aged mother to “plunder” what should have been half-million-dollar estate… constructive trust properly imposed on property… daughter/husband converted real property… equitable fees properly awarded siblings… Harkin affirmed. [Read more…]
Statute of limitations, equitable tolling
STATUTE OF LIMITATIONS: Equitable tolling appropriate for suit over Reservation MVA between member and non-member filed first in Tribal Court, then filed in District Court more than 3 years after MVA out of concern for jurisdictional challenge… information outside complaint about [Read more…]
Work comp, hip replacement causation, penalty
WORK COMP: Claimant established hip replacement directly caused by injury which aggravated degenerative condition, no need to determine liability on medicals-reserved settlement terms… fees/costs/penalty properly awarded… Shea affirmed (other grounds). [Read more…]
Guardianship, permanent full v. limited
GUARDIANSHIP: Permanent full guardian appropriate (not limited)… Lympus affirmed (IOR 3(d)(v)). [Read more…]
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