SUBDIVISION: Summary judgment properly granted upholding denial of subdivision based in part on wildlife, information from prior hearings properly considered by Board, “extraneous evidence” properly denied, no duty to defer to proposed mitigation when application denied outright [Read more…]
Archives for October 2012
State lands, coal leases, deferred EIS
STATE LANDS: Coal leases EIS properly deferred pending specific proposal… Hegel affirmed. [Read more…]
Marital, challenge of admitted findings
MARITAL: Husband’s attempt to contest findings with which he agreed including Clerk’s failure to enter economic restraining order rejected… Larson affirmed (IOR I-3(d)). [Read more…]
DUI, challenge of Crime Lab reports
DUI: Failure to challenge Crime Lab reports prior to trial does not result in forfeiture of right to do so at trial, Defendant improperly precluded from challenging Intoxilyzer, but trooper’s observations relevant to finding of per se DUI by .081 test result over 5% margin-of-error [Read more…]
Postconviction, timeliness
POSTCONVICTION: Petition mailed to State officials but not to Clerk before deadline properly rejected as untimely and also on the merits… Langton affirmed (IOR I-3(d)(v)). [Read more…]
Insurance, family member exclusion
INSURANCE: Driver killed in single-vehicle crash properly excluded under family member exclusion, insurer had no duty to defend estate, not liable for $3 million default judgment against estate… negligence, common law bad faith, fraud, negligent misrepresentation claims time- [Read more…]
Prosecutorial immunity
PROSECUTORIAL IMMUNITY shields City from malicious prosecution suit stemming from dismissed charge of endangering welfare of child… Ortley. [Read more…]
PFMA, homosexual partners, equal protection
PFMA: “Partners” unconstitutionally defined as including relationships “with a person of the opposite sex” so as to preclude application to homosexual partners, remanded for striking offending phrase and [Read more…]
Leading cause
Work ranked 4th out of 5 factors does not constitute “leading cause,” Petitioner failed to prove OD while employed by subsequent employer… nurse’s deposition opinion that OD a permanent aggravation excluded as inconsistent with prior deposition opinion… Shea. [Read more…]
OD statute of limitations
Shoulder/back claim untimely, cervical claim timely… major contributing cause analysis goes to compensability, not statute of limitations… no continuing tort… Shea. [Read more…]
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