DELIBERATE HOMICIDE: Wife’s testimony as to observations of husband at time of murder and communications accompanied by [Read more…]
Archives for September 2011
Community caretaker, “seizure,” appropriateness
COMMUNITY CARETAKER: Jurisprudence on “seizure” in context of welfare check reconciled… driver was temporarily reasonably [Read more…]
Plea withdrawal, advice of jury ethnic bias
PLEA WITHDRAWAL: Lawyer improperly advised Hispanic of belief that he could not get a fair rape trial because of his ethnicity, [Read more…]
Indians, jurisdiction, Montana corporations
INDIANS: No federal jurisdiction over suit between Montana corporations alleging state law claims arising from dispute over [Read more…]
Settlements
Plan I
Andrew Lindeman, upper arm, 9/07, disputed PPD, $51,421, Ben Snipes [Read more…]
Negligence, subsequent remedial, MVA, highway
NEGLIGENCE: Impeachment exception to Rule 407 narrowly interpreted to allow subsequent remedial measures if defendant [Read more…]
Negligence, suicide v. murder, county investigation
NEGLIGENCE: Verdict/judgment finding death suicide, rejecting claims of negligence in investigation and inquiry, affirmed… [Read more…]
Insurance/banking, renewal time, money order
INSURANCE/BANKING: Ex-agent’s receipt of premium did not impute timely receipt by insurer when insureds knew of agent’s [Read more…]
Insurance, 3rd-party, no notice to insurer
INSURANCE: No coverage for 3rd-party claimants’ $1,879,205 home construction default judgment where builder failed to notify [Read more…]
Insurance, RDV/Ridley, UTPA, class action
INSURANCE: RDV not type of Ridley claim that must be paid in advance, UTPA claim for RDV not ripe for named representative, [Read more…]