CONTRACT/FRAUD/CIVIL CONSPIRACY: Release not obtained by undue influence, release of all claims and payment is valid accord & satisfaction discharging contractual obligations, obviating breach of contract claim… claim of fraudulent misrepresentation of health of principal, value of company, and need to sell time- [Read more…]
Archives for August 2013
Insurance, wildfire, “conduct of business”
INSURANCE: “Conduct of business” in “Business Squire” policy triggers coverage of wildfire that resulted from felling dead tree in yard of home-based business to protect business equipment and [Read more…]
Ex parte communications with providers
§39-71-604(3) unconstitutional under Art. II §10 as applied to Petitioner as she is willing to let insurer communicate with providers if she is included in communications to protect her privacy… Shea. [Read more…]
Rocky Mountain Spotted Fever
Petitioner failed to prove he contracted RMSF while working as hunting guide… Shea. [Read more…]
Settlements
Plan I
Lori Scalise, shoulder(s), 1/10, disputed, $7,000, Leslae Dalpiaz [Read more…]
Probate, ex-wife conservator/guardian PR
PROBATE: Ex-wife properly PR as conservator of children in intestate probate of ex-husband’s estate… McNeil affirmed. [Read more…]
Rape, reversed past convictions, violent victim
RAPE: Criminal history including convictions which had been reversed for legal error precluded fair trial despite ample admissible evidence of guilt, conviction reversed, remanded for retrial… McLean reversed. [Read more…]
Rape, juror bias, other acts, speedy trial
RAPE/SEXUAL ASSAULT/TAMPERING: Failure to object to continued participation of juror who knew Prosecutor resulted in waiver of issue on appeal, lawyer not ineffective in handling juror issue… other acts properly admitted, limiting instruction timing [Read more…]
Revocation, hold time
REVOCATION: Probation hold lasted hours, not 26 days, as Defendant was detained on both probation violation and new felony, no violation of 10-day hold statute… McLean affirmed (IOR I-3(d)). [Read more…]
Environment, Missouri Breaks resource plan
ENVIRONMENT: Summary judgment for BLM on Missouri Breaks Resource Management Plan affirmed, reversed… Haddon affirmed, reversed. [Read more…]
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