JURY: No prejudice from juror researching “preponderance” on Internet, new trial following defense verdict in siding case properly denied, but judges urged to instruct against Internet research… McLean affirmed. [Read more…]
Archives for June 2010
Work comp bad faith, stipulated comp liability
WORK COMP BAD FAITH claims may proceed following stipulated judgment as to liability while claim for future medicals is ongoing, possibly for life… Plaintiff entitled to [Read more…]
Deliberate homicide, jury room, transaction rule
DELIBERATE HOMICIDE: Expert reports properly allowed in jury room, not violative of common law rule against submitting testimonial materials for unsupervised review… [Read more…]
Mitigated deliberate homicide, transaction rule
MITIGATED DELIBERATE HOMICIDE: Victim’s prior behavior, unknown to Defendant, offered in support of justifiable defense, properly excluded… psychiatric testimony properly [Read more…]
Defense verdict, wrongful discharge, lodge
VERDICT: Defense, wrongful discharge, lodge activity director. [Read more…]
Defense verdict, home waterline freeze/flood
VERDICT: Defense, home waterline freeze/flood. [Read more…]
Ineffective assistance, bad advice, trial strategy
INEFFECTIVE ASSISTANCE: Defendant prevented by erroneous advice as to potential meth sentences from being able to make intelligent choice between pleading guilty and going to trial… trial strategy elicited testimony that proved [Read more…]
Settlements
Plan I
Christina Corsa, upper arm, 11/04, total, $25,000, Eric Rasmusson
Mary Caughey, shoulder(s), 9/07, dispute as to new injury after [Read more…]
Contract/fees, ski lift operations, “depreciation”
CONTRACT/ATTORNEY FEES: Ski lift agreement required owner to pay $50,000/yr “depreciation” to operator beginning 02-03 ski season, without regard to tax definition of depreciation or reason… no error in not specifying amount of judgment in [Read more…]
Supervisory control, mineral reservation/trespass
SUPERVISORY CONTROL of Day denied in mineral reservation/trespass rulings… order. [Read more…]
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