POSTCONVICTION request for plea withdrawal based on no parole for 25 years for incest properly denied… Deschamps affirmed (IOR I-3(d)). [Read more…]
Archives for 2013
Postconviction, plea agreement, DUI/reckless
POSTCONVICTION claims related to agreement to plead nolo to reckless driving in exchange for dismissal of 2nd DUI properly rejected… Wheelis affirmed (IOR I-3(d)). [Read more…]
Postconviction, newly discovered evidence
POSTCONVICTION petition untimely, evidentiary hearing not required because Petitioner failed to present newly discovered evidence, request for appointed counsel properly denied… J. Brown affirmed (IOR I-3(d)). [Read more…]
Childhood sex abuse, statute of limitations
CHILDHOOD SEX ABUSE: Summary judgment on statute of limitations precluded by fact issues as to when Plaintiffs connected claimed physical/psychological problems to abuse by scout leader 40 years ago… Reynolds. [Read more…]
Injunction, highway, disadvantaged enterprise
INJUNCTION: TRO/preliminary injunction denied in challenge of Disadvantaged Business Enterprise requirement for highway contract… Lovell. [Read more…]
Settlements
Plan I
Carla Lehman, disputed work injury or OD involving MRSA-related infection and health conditions leading to death, $100,000, stipulated judgment; Eric Rasmusson for Estate of Lehman, Andy Adamek for [Read more…]
$85,000 settlement, disability discrimination
SETTLEMENT: $85,000, disability discrimination (lumbar compression fracture), 81-year-old terminated parking booth cashier… $2,955 discovery sanctions. [Read more…]
Class action, Allstate CCPR
CLASS ACTION properly certified as to Allstate’s CCPR program following remand, but class-wide punitives inappropriate, remanded for class trial to determine if application of CCPR to class violated UTPA, if so to determine if Allstate should be [Read more…]
Negligence, wildfire backfire, $730,000 verdict
NEGLIGENCE: Plaintiffs’ trial brief statement that State made “reasonable and necessary” decision in direction of backfire was in context of inverse condemnation, not judicial admission of fact as to negligence, promptly “corrected”… public duty defense properly stricken as prejudicial due to late assertion… challenge to lack of expert as to wildfire suppression standard waived by [Read more…]
Sexual harassment, commercial rental
SEXUAL HARASSMENT: Due process not violated by HRC ruling that Defendant violated real estate transaction provision when Plaintiff only specified public accommodations… remanded for determination of whether HRA applies to commercial leases… Jones reversed. [Read more…]
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