PRIVACY IN COMMUNICATIONS: Disparaging remarks on legislative candidate’s Facebook private page about her weight and appearance is protected speech, Justice Court conviction reversed… Deschamps. [Read more…]
Archives for 2013
Settlement, insurance bad faith
INSURANCE BAD FAITH: Bus rollover bad faith case settled following Plaintiff’s objection to Ostby’s recommendation that insurers had reasonable basis for intervening causation [Read more…]
Continuance, procedures
CONTINUANCE: Motion for continuance to retain investigator not well-grounded in fact or law, appears to be only for delay, denied… procedure for filing motion ex parte not followed, motion & brief will remain in public record… Molloy. [Read more…]
Settlements
Plan I
Kevin Heavyrunner, trunk, 12/08, $29,000, Richard Martin
Toniann Haman, upper arm, 7/08, $19,000, Kim Schulke [Read more…]
Note collection/partition/water easement
DEBT COLLECTION/PARTITION/WATER EASEMENT/ARBITRATION DAMAGES: Jury’s implied allocation of interest payments between 2 notes, along with creditor’s right to allocate, restarted statute on earlier note, making creditors prevailing for attorney fees… [Read more…]
Judge substitution, informal probate
JUDGE SUBSTITUTION: Motion filed during informal probate premature and thus untimely, not because it was not filed within 30 days of Notice… Townsend affirmed (other grounds). [Read more…]
Lease-option, implied finding of no fraud
LEASE-OPTION rulings in favor of Defendant upheld by implied findings that contract not procured by fraud… Jones affirmed (IOR I-3(d)). [Read more…]
Property taxes, covenants, ag/residential
PROPERTY TAXES: Subdivision covenants do not effectively prohibit ag use, unsold lots continuously used for ag improperly reappraised residential… DOR/CTAB reversed, STAB/H. Brown affirmed. [Read more…]
Negligence, apartment icy stairs fall
NEGLIGENCE: Apartment icy stairs fall claim properly rejected on summary judgment… Larson affirmed (IOR I-3(d)). [Read more…]
Marital, sua sponte award more than requested
MARITAL: Wife improperly sua sponte awarded more than requested in default divorce without notice to husband… Krueger reversed. [Read more…]
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