Lawyer’s letter constituted rejection of mediator’s recommendation, insurer’s motion to dismiss for failure to meet mediation requirements denied… not appropriate to [Read more…]
Archives for July 2010
Costs, flat-fee postage/phone, deposition/trial travel
Petitioner not entitled to flat fee for postage/phone, costs for deposition/trial incurred returning to Montana from doctor-recommended relocation to Arizona… Shea. [Read more…]
Settlements
Plan I
Paula Harris, lower arm, 5/06, $39,975, Kenneth Thomas
Melissa Matejovsky, ankle, 5/09, $17,500, Kim Schulke [Read more…]
Retaliation, town clerk, $145,7639, Council conduct
RETALIATION: $145,739 wage loss/medicals/emotional distress due to handling of Council agenda item focusing on Town Clerk’s prior HR complaint and Councilman’s retaliatory comments, following Supreme Court remand… HRC. [Read more…]
Insurance/estate, nonclaim statute, MVA limits
INSURANCE/ESTATE: “To the limits of the insurance protection only” exception to nonclaim statute allows claim against estate to continue for determination of dollar damages, [Read more…]
Supervisory control, superseding cause, bus rollover
SUPERVISORY CONTROL denied as to Dayton’s refusal to preclude superseding cause in bus deer-strike rollover after finding negligence per se and that bus operator is “a” cause in fact of injuries… order. [Read more…]
Discovery, failure to provide tax returns
DISCOVERY: Dismissal appropriate for failure to provide tax returns… Stadler affirmed. [Read more…]
Ditch easement, $37,500 for loss of use
DITCH EASEMENT: Prescriptive easement not extinguished by termination of water rights for failure to pay processing fees… Water Court had authority to reopen/reinstate claims… adjacent developer not notified of reinstatement proceeding, [Read more…]
Marital, surgeon’s income, time of valuation
MARITAL: Surgeon’s income determined partly correctly, partly incorrectly, estate properly valued from when parties no longer in same household… Newman affirmed, reversed. [Read more…]
Marital, past-due support, equitable estoppel
MARITAL: Wife not equitably estopped from seeking past-due support… Sherlock affirmed (IOR I-3(d)(v)). [Read more…]
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