Archives for 2013

Wages, auto dealership “salesman”/service

February 2, 2013 By lilly

WAGES: Auto dealership “salesman” includes any salesman primarily engaged in servicing vehicles per FLSA, not just those selling vehicles per regulation, statute controls over [Read more…]

Incest, recorded pretext calls, photos

February 2, 2013 By lilly

INCEST: Recordings of pretext calls between daughter and father violated Allen, but harmless error… explicit photos admissible under 401 & 402, not excluded by 404(b) or 403, not necessary to analyze under transaction rule… conviction affirmed… Newman affirmed (other grounds). [Read more…]

DUI, 4th, prior silent record

February 2, 2013 By lilly

DUI: Claim of failure to advise of attorney in prior DUI based on silent record, self-serving statements properly rejected… 4th DUI affirmed… Langton affirmed. [Read more…]

Sentencing, separate PFOs

February 2, 2013 By lilly

SENTENCING: Separate PFOs illegally imposed by Langton… habeas granted… order. [Read more…]

Child support judgment, alter ego, corporate veil

February 2, 2013 By lilly

CHILD SUPPORT JUDGMENT: Corporation found to be alter ego to avoid divorce judgment, veil pierced… Rule 11 sanctions denied… $160,655 judgment against corporation for past-due child support…Stadler. [Read more…]

$41,625 verdict, $32,590 fees, disputed alleyway

February 2, 2013 By lilly

VERDICT: $41,625, breach of partial assignment contract, disputed alleyway access to apartment complex/ condos, $32,590 fees, $1,356 costs. [Read more…]

$12,500 verdict, open intersection MVA

February 2, 2013 By lilly

VERDICT: $12,500, open intersection MVA, admitted liability, soft-tissue low back. [Read more…]

Wrongful occupation, groundwater pollution

February 2, 2013 By lilly

WRONGFUL OCCUPATION: MCA 27-1-318 does not prevent pursuit of other claims, but Plaintiffs may not double-recover loss-of-use damages from alleged pollution under wrongful occupation and some other theory such as trespass or nuisance… Molloy. [Read more…]

Settlements

February 2, 2013 By lilly

Plan I

Robert Murker, low back, 6/09, disputed, $75,000, medicals reserved, stipulated judgment; Thomas Murphy for Murker, Kelly Wills for MCCF [Read more…]

Negligence, premises liability v. construction law

January 26, 2013 By lilly

NEGLIGENCE: Premises liability law applies to restroom slip & fall by tenant’s independent contractor janitor, summary judgment for landlord improperly based on construction law and determination that no reasonable jury could find breach of ordinary care… Macek reversed. [Read more…]