PROBATE: Restatement of Property allowance for reformation of donative documents to correct unilateral mistakes adopted as to instruments other than wills… while donative instrument may be subject to reformation after death, permitting a stranger to the [Read more…]
Archives for 2013
Negligence, flagger run over by semi, State’s duty
NEGLIGENCE: State owed no duty to trucker or flagger who was run over at travel plaza paving site, not vicariously liable for torts of project contractors… summary judgment properly denied for trucker on contribution claim against State since there was no [Read more…]
Taxes, goodwill/intangible property regulations
TAXES: Goodwill/intangible property regulations conflict with statutes… Reynolds affirmed. [Read more…]
Political practices, defamation, malicious pros
POLITICAL PRACTICES: Defamation claims by PSC candidate against opponent rejected by jury… malicious prosecution, [Read more…]
Rape, speedy trial, IAC, undisclosed alibi
RAPE: 662 days speedy trial claim properly rejected… lawyer reasonably allowed evidence of conduct toward others to advance theory of inappropriate but not illegal behavior… cross as to failure to disclose alibi to officers not violative [Read more…]
Order of protection, fear of Defendant
ORDER OF PROTECTION: Ex-wife’s testimony as to history with Defendant probative of her fear of him… McKinnon affirmed (IOR I-3(d)). [Read more…]
Sentencing, recommended v. imposed
SENTENCING: Defendant failed to object to conditions which he now questions whether recommended or imposed… recommended conditions are non-binding… Fagg affirmed (IOR I-3(d)). [Read more…]
$242,050 attorney fees, $539,717 cancer policy
ATTORNEY FEES: $242,050 fees, $35,046 costs awarded following morning-of-trial directed verdict for $539,717 in cancer policy case with 1st-impression notice prejudice rule and verdict of no more money owed, UTPA violation but no damage to Estate… Sherlock. [Read more…]
Lease, shopping center tenant termination
LEASE: Shopping center properly exercised express right to terminate lease to tenant when turnover did not occur on schedule… Todd. [Read more…]
Child pornography, interstate materials knowledge
CHILD PORNOGRAPHY: 2251(a) does not require knowledge of interstate nature of materials used to produce sexually explicit images (1st impression)… 1998 child pornography conviction [Read more…]
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