DEFECTIVE FLOORING: Late disclosure of tax expert properly allowed in support of challenge of CPA personal residence claim after Defendant failed to timely produce records… $24,346 fees/costs properly awarded Defendant for claim that lodge was personal residence under CPA… [Read more…]
Archives for 2012
Negligence, diesel fuel water, defense verdict
NEGLIGENCE: No prejudice from Defendant’s reliance on settled-party defense in light of finding of no negligence by Defendant on claim of catastrophic engine damage by alleged water in diesel fuel, no need to address constitutionality of amended statute… acquiescence in ruling that Plaintiff could be questioned as to prior insurance claims resulted in [Read more…]
Class certification, sick leave buy-back termination
CLASS CERTIFICATION properly granted as to sick leave buy-back discontinuance where named Plaintiffs are employees of one entity and Defendants are juridically affiliated entities… Curtis affirmed. [Read more…]
Environment, Rock Creek trout, “unique” ecology
ENVIRONMENT: DEQ approval of general permit to allow storm water discharges from mine project roads failed to properly consider bull trout impacts in Rock Creek which is of “unique ecological significance,” properly reversed… Seeley affirmed. [Read more…]
Double jeopardy, prosecutor misconduct dismissal
DOUBLE JEOPARDY does not prevent re-prosecuting after conviction overturned on postconviction relief for prosecutorial misconduct and ineffective assistance, expansion of doctrine declined… Bidegaray affirmed. [Read more…]
Wrongful discharge, medical marijuana
WRONGFUL DISCHARGE: Termination for medical marijuana use upheld on summary judgment over claim of no good cause, violation of personnel policies… Stadler. [Read more…]
Causation
Petitioner failed to prove current condition causally related to job injury… Shea. [Read more…]
Settlements
Plan I
Martina Weber, hip, 11/11, $20,000, Stacy Tempel-St. John [Read more…]
Subdivision, “extraneous evidence,” mitigation
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…]
State lands, coal leases, deferred EIS
STATE LANDS: Coal leases EIS properly deferred pending specific proposal… Hegel affirmed. [Read more…]
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