PFMA: Sufficient evidence that Defendant “purposely or knowingly” caused ex-girlfriend injury… conviction affirmed… McLean affirmed (IOR I-3(d)). [Read more…]
Archives for 2013
DUI, “ambiguous” Alaska felony enhancement
DUI: 1991 Alaska conviction properly used to enhance DUI to felony over request for lenity based on ambiguity as to whether it was DUI or BAC… Gustafson affirmed (IOR (I)-3)(d)). [Read more…]
Ineffective assistance, prejudice
INEFFECTIVE ASSISTANCE claim properly rejected for failure to establish prejudice by no objection to use of statements to officers… felony DUI affirmed… Deschamps affirmed (IOR I-3(d)). [Read more…]
Insurance bad faith, reasonable basis in law
INSURANCE BAD FAITH: Insurers had reasonable basis in law to present intervening causation defense that rollover of bus that hit deer caused by defect of bumper that pressed against tire despite ruling that driver was negligent per se for going into the median… [Read more…]
ERISA, lawyer, heart condition v. depression
ERISA: Treating cardiologist’s opinion that lawyer disabled because of heart condition, not depression, given greater weight than that of insurer’s consultants, LTD reinstated retroactively… Christensen. [Read more…]
Establishment, Big Mountain Jesus
ESTABLISHMENT: Renewal of FS permit for Big Mountain Jesus on federal land leased to ski resort not violative of Establishment Clause… Christensen. [Read more…]
Elections, judicial endorsements/expenditures
ELECTIONS: Montana permanently enjoined from enforcing ban on endorsements and expenditures supporting or opposing a judicial candidate, not the ban on contributions… nunc pro tunc order following 9th Circuit clarification… Lovell. [Read more…]
Interim benefits, prima facie case
Prima facie case for interim benefits made in dispute as to treating physician, job accommodation, DLI grant of interim benefits affirmed… Shea. [Read more…]
Settlements
Plan I
Shaun Smook, shoulder, 1/09, disputed employability and extent of disability occasioned by injuries, $185,000, stipulated judgment; Garry Seaman for Smook, Oliver Goe for MMIA [Read more…]
Wrongful discharge, UI v. WDA, defense verdict
WRONGFUL DISCHARGE: UI eligibility “conduct” not grounds for summary judgment on “good cause”… sanctions properly denied for deletion of computer files… punitives foreclosed by summary rejection of public policy violation claim… expert [Read more…]
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