OBSCENE COMMUNICATIONS: Calling Victim Services person “fucking cunt” in context of exasperation not “fighting words,” Act not unconstitutionally vague, but prima facie [Read more…]
Archives for 2013
Sentencing, PFO/careless driving
SENTENCING: Request to overrule PFO controlling over felony DUI sentence rejected… jail improper for careless driving… ineffective assistance claim rejected… J. Brown affirmed, reversed. [Read more…]
Sentencing, separate felony DUI/PFO
SENTENCING: Separate felony DUI and PFO sentences illegal, remanded for resentencing… habeas granted… Irigoin reversed (order). [Read more…]
Ineffective assistance, facts
INEFFECTIVE ASSISTANCE claim properly denied for insufficient factual foundation… Christopher affirmed. [Read more…]
Insurance, double-pay advance medicals
INSURANCE: Preliminary advance-pay offset of amount paid by med-pay insurer not improper (no obligation to double-pay medicals when making advance payments), issue mooted by settlement of underlying negligence claim… declaratory action not operative factor in changing status quo as to advance
payment of medicals, Plaintiff also not prevailing party as [Read more…]
Jurisdiction, death gun sale, PLCAA
JURISDICTION: Claims against dealer who sold gun to former mental patient which was used to kill former girlfriend are all state law claims not preempted by PLCAA… fees/costs assessed against Defendant for unreasonable removal… Lovell.
[Read more…]
Settlements
Plan I
Sarah Perkerewicz, low back, 2/10, $25,000, Russell Plath [Read more…]
$1,271,100 verdict, smoke inhalation death
VERDICT: $1,271,100, smoke inhalation death in burning house, liability as spoliation sanction. [Read more…]
Attorney disqualification, divorce
ATTORNEY DISQUALIFICATION: Husband’s attorney not disqualified by wife’s calls 3 years earlier seeking divorce advice… psychological victimization claim not minimized, but RPC 1.20 requires lawyer receive “significantly harmful” “information”… no implied relationship by prospective [Read more…]
Unjust enrichment, Indian school fundraising
UNJUST ENRICHMENT claims may arise from Indian school’s alleged failure to distribute equitable shares of funds to Tribe which it obtained by marketing plight/need of Tribe… forensic accounting cause supplanted by discovery rules… contract, negligent misrepresentation, fraud, conversion, cultural [Read more…]
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