MENTAL COMMITMENT: Judge should have made further inquiry, following counsel’s representation, that person was capable of intentional & knowing waiver of presence at commitment hearing… commitment reversed… Sherlock reversed. [Read more…]
Archives for 2013
Marital, late-disclosed expert as to boy’s preference
MARITAL: Late-disclosed expert as to boy’s residential preference properly disallowed, but in any event coached boy testified… parenting plan supported by substantial evidence… Cybulski affirmed (IOR I-3(d)). [Read more…]
Attorney fees, $19,625,000 asbestos settlement
ATTORNEY FEES: 25% of $19,625,000 Ch. 11 asbestos settlement proceeds awarded to Libby Claimants’ attorneys under common fund doctrine, with attorneys agreeing to pay 1/5 of fee for resolution of Medicare/ Medicaid reimbursement claims for net 20% fee, plus $226,193 costs… Wheelis. [Read more…]
Bus software, $28,409,512 verdict review/cut
BUS SOFTWARE CONTRACT: $28,409,512 verdict reduced by $9,439,756 consequential damages as precluded by contract and $70,000 lost perpetual license fees duplicative of award for lost license fees… no reduction or new trial on account of [Read more…]
Environment, remand instructions
ENVIRONMENT: FS was ordered on remand to prepare a “supplemental environmental assessment” consistent with the order and law, instead prepared a “supplement to the [Read more…]
Environment, bison hazing grizzly impacts
ENVIRONMENT: Challenge of grizzly impacts resulting from helicopter bison hazing rejected… Lovell. [Read more…]
Ability to perform job injury, reconsideration
Summary judgment improvidently granted as to whether Petitioner can perform injury job… Shea. [Read more…]
Benefits cut-off after 30 days incarceration
Challenge to 39-71-744 benefits cut-off after 30 days incarceration rejected… Shea. [Read more…]
Settlements
Plan I
Christopher Burkett, low back, 9/08, 10/12, MMIA agrees to accept lumbar condition under 9/08 injury, Burkett stipulates that it is not [Read more…]
Auto purchase, “as is,” nonconformities
AUTO PURCHASE: Verdict properly directed for seller following buyer’s case-in-chief on claim of defective “as is” vehicle, nonconformities not established to support revocation of acceptance… refund not raised below, but MSC, sitting in [Read more…]
- « Previous Page
- 1
- …
- 43
- 44
- 45
- 46
- 47
- …
- 60
- Next Page »