WORK COMP: Claimant injured feeding grizzly was employee of bear park, not volunteer, marijuana not “major contributing [Read more…]
Archives for March 2011
Special master, reversal of discovery findings
SPECIAL MASTER: Supervisory control/stay denied as to RR’s objections to Sandefur’s reversal of special master’s FELA [Read more…]
Sexual assault, youth transfer, plea withdrawal
SEXUAL ASSAULT/YOUTH: Dismissal not required by untimely youth transfer-back hearing, rights protected but waived, [Read more…]
DUI, fog line crossover, explanation v. suspicion
DUI: Particularized suspicion for stopping driver who drove over fog line 3 times near bar closing time, immaterial that driving [Read more…]
DUI/evidence, hospital records hearsay exception
DUI/EVIDENCE: Federal case improperly relied on to expand business records hearsay exception to encompass record made [Read more…]
Drugs, tail light stop, search, inevitable discovery
DRUGS/SEARCH & SEIZURE: Tail light stop properly enlarged by driver’s behavior… search of fanny pack illegal but meth would [Read more…]
Seatbelt evidence, negligence v. product liability
SEATBELT EVIDENCE: Intent of §61-13-106 to bar seatbelt evidence so it would not create a defense in MVAs, not to bar it in [Read more…]
Railroads, shortline arbitration, voluntary dismissal
RAILROADS: Arbitration award in shortline dispute properly confirmed… Rule 41(a)(2) voluntary dismissal properly denied… [Read more…]
Fraudulent foreclosure, MUTP-CPA, FDCPA
FRAUDULENT FORECLOSURE: Quiet title claim viable against subprime mortgage servicing entity seeking to foreclose trust [Read more…]
Insurer/insurer indemnification, non-Belton
MSF entitled to indemnification for payments which were properly & primarily owed by Liberty in non-Belton case… Shea. [Read more…]
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