LEGAL MALPRACTICE: Pro se wife may not assert claims on behalf of husband, their lawyer represented bankruptcy estate at time claims against officers settled in bankruptcy, no standing to sue him… Larson affirmed. [Read more…]
Archives for 2013
Debt collection/arbitration, settled joint debtor
DEBT COLLECTION/ARBITRATION: Meritorious motion for summary judgment that bank entitled to collect from joint debtor after other debtor settled judgments for part of debt precluded by potentially enforceable arbitration clause if parties request arbitration… Allison. [Read more…]
State Employee Group Benefit Plan, class action
STATE EMPLOYEES BENEFIT PLAN is a contract between State and employees, preauthorization for disk replacement for teen improperly denied based on “experimental for [Read more…]
Construction lien, shared road/sidewalk costs
CONSTRUCTION LIEN: Subdivision owners liable to School District for disputed $43,716 in addition to $240,325 paid for shared road/sidewalk, plus $25,106 interest, $18,228 fees… Larson. [Read more…]
Divorce execution, 3rd-party home purchase
DIVORCE EXECUTION: Attempt to collect divorce debt by execution on home sold to 3rd parties rejected… Macek. [Read more…]
Product liability, ATV, expert, hung jury, JML
PRODUCT LIABILITY: Opinion that improper assembly of steering components of crashed Honda ATV caused “difficult and unpredictable” steering stricken for failure to satisfy Rule 702 reliability/relevance, leaving insufficient evidence to [Read more…]
Defense verdict, construction fall, brain
VERDICT: Defense, construction fall, negligence but no causation, traumatic brain. [Read more…]
Settlements
Plan I
Raymond Linn, soft-tissue neck, 3/12, disputed course & scope, $50,000, stipulated judgment; Russell Plath for Linn, Steven Jennings for SCL [Read more…]
Pregnancy discrimination, $108,628
PREGNANCY DISCRIMINATION: $108,628, beauty salon worker fired because of medical restrictions against bending to perform pedicures… insubordination defense weighed in light of “work first, grieve later” principle… Terry Spear. [Read more…]
Settlement enforcement, emailed MOU
SETTLEMENT ENFORCEMENT: Emailed MOU is written, electronically signed, settlement reached at mediation of Colstrip pollution claims, attempt by one ranch to repudiate following tax advice properly rejected… MOU not improperly “re-written” to change purchase option to first refusal… [Read more…]
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