PRODUCT LIABILITY/NEGLIGENCE: $7,490,000 CO verdict for 18 Plaintiffs against heater manufacturer improperly reduced by 30% negligence of installer since jury not asked to apportion negligence/product, but should be reduced by $2 [Read more…]
Archives for August 2010
Initiatives, I-624 payday loans interest
INITIATIVES: I-624 to cap interest by payday, title, retail installment lenders modified by adding “consumer loan licensees” to statements of purpose and implication, other minor additions and style changes… no referral to district court… opinion & order. [Read more…]
Marital, parenting plan modification
MARITAL: Father’s disability, move to Arizona, prima facie change of circumstances for hearing on proposed change in parenting plan, petition improperly summarily rejected… Todd reversed. [Read more…]
Software contract, breach, statute of limitations
SOFTWARE CONTRACT: Summary judgment proper for alleged breaches of routing software agreement by school bus company accruing prior to 1/11/03 including promotion duty claims, improper for claims accruing after 1/11/03… Molloy affirmed, reversed (unpublished). [Read more…]
Aggravated sex abuse, prior acts
AGGRAVATED SEX ABUSE: Defendant’s younger sister properly allowed to testify to abuse when Defendant 11-13, conviction of abuse of young daughter by adult Defendant affirmed… Cebull affirmed (unpublished). [Read more…]
Speedy trial, dismissal without prejudice
SPEEDY TRIAL: Dismissal without prejudice proper for speedy trial violation… Shanstrom affirmed (unpublished). [Read more…]
SORNA, Michigan resident employed in Montana
SORNA: Defendant registered in Michigan failed to update registration while employed in Montana… conviction affirmed… Cebull affirmed (unpublished). [Read more…]
ERISA, group health insurance, premium laws
ERISA: State group health insurance premium law duplicative of ERISA, claim of violation preempted, remand to State Court denied… Lovell. [Read more…]
$240,000 settlement, teacher termination
SETTLEMENT: $240,000, teacher fired for turning contract in a day late… settled mid-trial following 2 unfavorable District Court rulings, 2 favorable 9th Circuit rulings, amount obtained under FOIA. [Read more…]
Settlements
Plan II
Janice Evans, upper back, 4/08, disputed depression accepted as exacerbated by injury, nature/severity reserved as to whether [Read more…]