TRESPASS/NUISANCE: Encroachment claims not barred by res judicata of 1st case, equitable estoppel, waiver… $10,000 for reckless disregard of property rights by encroaching addition… Plaintiff entitled to costs of appeal, not to fees as sanction… Wheelis affirmed. [Read more…]
Archives for April 2012
Water, municipal use change, “historic information,”
WATER: DNRC entitled to pre-73 “historic information” in Town’s application for changed uses, but no more than necessary for statutory requirements… incomplete application not ripe for review… J. Brown affirmed. [Read more…]
Property, quiet title, commercial sale
PROPERTY: Quiet title, share in sale of commercial property, note offset, statute of limitations properly resolved in bench trial… Christopher affirmed (IOR I-3(d)). [Read more…]
Marital, required sale of premarital house
MARITAL: Husband properly required to sell his premarital house to reduce wife’s debt on her premarital house… husband entitled to credit for principal part of mortgage payments on wife’s house, not to interest part… Deschamps affirmed (IOR I-3(d)(v)). [Read more…]
Ineffective assistance, hymen scar expert
INEFFECTIVE ASSISTANCE not established by failure to consult rebuttal expert as to scar on teen’s hymen, anticipate/object to other bad acts, not request Mazurek hearing to introduce prior alleged false allegation of sex abuse…. no prejudice by not appealing refusal to dismiss juror for cause… postconviction petition by incest/ SIWC Defendant properly [Read more…]
Sentencing, restriction on contact with children
SENTENCING: Limitation on contact with children other than Defendant’s proper for SVORA conviction, based on underlying statutory rape 12 years earlier… restriction on going where children congregate, even with own children, proper… McKittrick affirmed. [Read more…]
Sentencing, alcohol restrictions, non-drinker
SENTENCING: Sufficient nexus between alcohol restrictions and non-drinker who assaulted wife in light of history of violence toward women, anger, mental issues… Salvagni affirmed. [Read more…]
Defense verdict, nurse anesthetist malpractice
VERDICT: Defense, nurse anesthetist malpractice, claimed awareness during surgery, failure of hospital to refer to counseling following surgery, PTSD. [Read more…]
Defense verdict, wrongful discharge, sexual affair
VERDICT: Defense, wrongful discharge, lead assistant store manager, sexual affair. [Read more…]
Settlements
Plan I
Aaron Brossman, low back, 10/09, disputed, $25,000, stipulated judgment; Kenneth Thomas for Brossman, Ronald Atwood for Costco [Read more…]
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