INJUNCTION PENDING APPEAL of Goose Bay mobile home eviction TRO/preliminary injunction denial denied by Lovell, emergency motion for injunctive relief denied by 9th Circuit… BOR not in violation of prior order by terminating [Read more…]
Archives for 2013
Settlements
Plan I
Brian Lester, low back, 11/10, $5,000, Paul Toennis [Read more…]
Wrongful discharge, construction supervisor
WRONGFUL DISCHARGE: Montana supervisor properly terminated by Florida managers based on complaints of Montana employees… H. Brown affirmed. [Read more…]
Trust, distributions from house sale
TRUST: Distributions from house sale properly made first to brothers who had pitched in to save house, then to sister for whom trust was created… McLean affirmed. [Read more…]
Work comp, pain patches, collateral estoppel
WORK COMP: Claim for continued payment of pain patches not barred by collateral estoppel of prior impairment rating entitlement… fees/penalty properly denied due to reliance on prior impairment increase denial for terminating patch [Read more…]
Clerk & Recorder, mandamus to record deed
CLERK & RECORDER properly mandated to record deed in 2002 (prior to amendment of law) to allow sale of mortgage security tract without court order, County not prejudiced by writ 2 days before closing without opportunity to respond… $32,884 fees properly awarded as prevailing party in [Read more…]
Appeal amicus request, RR cumulative injuries
APPEAL AMICUS request as to railroad cumulative injuries denied… order. [Read more…]
Prosecutorial immunity, false arrest/imprisonment
PROSECUTORIAL IMMUNITY properly granted as to false arrest/imprisonment claim stemming from order of protection charge which was later dismissed on venue grounds… J. Brown affirmed (IOR I-3(d)). [Read more…]
Sentencing, child custody burden statement
SENTENCING: Custody burden statement in sentence of mother for assault of infant could have unintended impact on future civil custody proceeding, stricken… $1,060 fines/fees within discretion, claim that ability to pay not inquired into [Read more…]
Sentencing, SRD-enhanced no parole credit
SENTENCING: Challenge of SRD-enhanced sentence that precluded good time toward parole untimely when construed as postconviction petition, may be more appropriate by habeas… Townsend affirmed (IOR I-3(d)(v)). [Read more…]
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