SUMMARY JUDGMENT: “Exceptional circumstances” justified summary denial of subdivision application without hearing… proper summary judgment standard applied… additional time for discovery properly denied… challenged affidavit with [Read more…]
Archives for January 2010
Attorney discipline, defense attorney, child porn
ATTORNEY DISCIPLINE: ODC failed to prove that criminal defense lawyer violated MRPC by holding/ not disclosing child pornography collected from apartment of client being [Read more…]
Discrimination, losing sheriff candidate supporters
DISCRIMINATION: Political discrimination/wage claims of 6 deputies who supported losing sheriff candidate upheld, rejected… Rice affirmed, reversed. [Read more…]
Physician assisted suicide, homicide consent
PHYSICIAN ASSISTED SUICIDE not violative of public policy exception to consent as defense to homicide, terminally ill patient’s consent to physician aid in dying constitutes statutory defense to charge of homicide against doctor when no other exceptions apply, not necessary to reach [Read more…]
Utilities, windpower electric wholesale rate
UTILITIES: Windpower wholesale rate properly remanded to PSC for redetermination… Tucker affirmed. [Read more…]
Excessive force arrest, domestic abuse victim
EXCESSIVE FORCE/NEGLIGENT ARREST: No special duty under domestic abuse statutes protecting victim from officers’ negligence/excessive force negating Public Duty Doctrine, but special relationship exists during period of custody, but not [Read more…]
Settlements
Plan I
Ricky Villa, body systems, 5/06, $5,000, Russell Plath
Ranae Baker, knee, 1/02, $5,000, Andrew Utick [Read more…]
Insurance, adjuster, pre-litigation mediation
INSURANCE: Duty to defend satisfied by attendance of adjuster rather than attorney at pre-litigation mediation… Deschamps affirmed. [Read more…]
Lost industrial park opportunity, $3 million
LOST INDUSTRIAL PARK OPPORTUNITY: Claim for lost profits in City’s takeover of property not subject to $750,000 cap… discovery sanction that City liable to developer precluded [Read more…]
Offer of judgment, preclusive effect disagreement
OFFER OF JUDGMENT: Judgment must be entered on accepted offer and notice of acceptance regardless of subsequent disagreements as to preclusive effect… supervisory control of Tucker granted… order. [Read more…]
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