TAXES: Oil worker’s employment “indefinite,” “tax home” in oil field, not Billings residence, business travel properly disallowed… Reynolds affirmed. [Read more…]
Archives for July 2012
Ineffective assistance/sentencing, lack of remorse
INEFFECTIVE ASSISTANCE/SENTENCING: Stabbing Defendant not prejudiced by lawyer not seeking to suppress post-Miranda statements… MSP sentence illegally based in part on finding of lack of remorse without reference to supporting evidence… Townsend reversed. [Read more…]
Rule 11 sanctions, $1.1 million med-mal settlement
RULE 11 SANCTIONS sought by $1.1 million med-mal settlement Plaintiff against Defendants’ lawyers and insurers rejected on judgment on pleadings as collaterally estopped by J. Brown’s ruling that Defendants had legitimate grounds for unsuccessful attempt to rescind based on alleged fraud… Court shocked by brazen attempt of Plaintiff to [Read more…]
Comp exclusivity, hand amputated in grain auger
COMP EXCLUSIVITY: No evidence from which a jury could infer that employer intended to cause amputation of employee’s hand in grain auger when he activated switch as the employee was clearing the auger… constitutional challenge rejected… Curtis. [Read more…]
$648,508 verdict for Defendant ex-employee
VERDICT: $648,508 to Defendant employee, employee termination/failed business sale/purchase… finding of punitives against Plaintiff, which Defendant declined to pursue against former good friend. [Read more…]
Confrontation, sting conversation characterization
CONFRONTATION: Drug sting officer’s testimony that monitored conversations between Defendant and CI were “consistent with my understanding of a drug deal” not inadmissible hearsay, not violative of [Read more…]
New trial/amendment of findings request
New trial/amendment of findings denied as to ruling that Petitioner reported accidents to employer, employer mislaid paperwork for one injury, failed to prepare report for 2nd, employer’s actions imputed to [Read more…]
Settlements
Plan I
Cathy Burleigh, low back, 6/11, $35,172, Tom Murphy [Read more…]
$176,242, disability discrimination, veteran PTSD
DISABILITY DISCRIMINATION: $176,242, Iraq veteran with PTSD… separate fees/costs settlement… Terry Spear. [Read more…]
Discrimination, obesity, impairment
DISCRIMINATION: Obesity not symptom of physiological disorder may be “physical or mental impairment” per MHRA if outside “normal range,” affects body system per EEOC… certified question from Molloy. [Read more…]