WORK COMP: Correct standard for causal connection between claimed injury and job accident is “more probable than not,” correct result despite use of “reasonable degree of medical certainty”… injury and causation must be established through objective medical findings… [Read more…]
Archives for July 2012
Wrongful discharge, at-will insurance agent
WRONGFUL DISCHARGE: At-will insurance agent properly terminated for violating policy against unapproved advertising materials… McCarter affirmed. [Read more…]
Medical marijuana, hashish
MEDICAL MARIJUANA: Hashish not “useable marijuana” per MMA… lenity not applied in light of clear statutes… felony possession affirmed… Larson affirmed. [Read more…]
Construction lien, letter of credit “bond”
CONSTRUCTION LIEN: Writ of execution against 3rd-party lot purchasers quashed over claim by contractor that developer’s letter of credit was statutorily deficient as a bond and lien was improperly released… Curtis. [Read more…]
Bankruptcy, collateral, statement of intention
BANKRUPTCY: Under unambiguous 362(h) all personal property securing a scheduled debt is released from automatic stay if debtor fails to timely file & comply with statement of intention… combined effect of 362(h) and 521(a)(2) is to lift stay and remove personal property from estate when [Read more…]
Supervised release revocation
SUPERVISED RELEASE REVOCATION: No jurisdiction under 3583(e)(3) to revoke based on newly discovered violations of previously revoked supervised release… 1st impression… Molloy reversed. [Read more…]
SORNA, obscenity conviction, child porn
SORNA: Registration properly imposed upon revocation of obscenity conviction as result of prior colloquy admission to child pornography… Haddon affirmed. [Read more…]
Search & seizure, sleeping Defendant’s bedroom
SEARCH & SEIZURE: Officers legally entered apartment by permission of Defendant’s roommate, but illegally entered sleeping Defendant’s bedroom without consent or exigency, Defendant’s later consent to ATF agent to inspect shotgun seen in room by officers invalid… Defendant who [Read more…]
Settlements
Plan I
Michael Martelli, ankle, 3/05, $16,000, David McLean
Heidi Jacobson, shoulder(s), 7/04, $5,000, Rick Pyfer [Read more…]
Insurance/probate, life policy, ex-spouse
INSURANCE/PROBATE: Certified question accepted from 9th Circuit as to whether §72-2-814 (1993) revokes ex-spouse as beneficiary of life policy where divorce prior to enactment and policyholder died after enactment. [Read more…]
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