TERRITORIAL INTEGRITY: Co-op had right to provide 3-phase to new seed plant because it had closest line and capacity… MDU did not add plant to its territory by providing 1-phase construction power… Cybulski affirmed. [Read more…]
Archives for 2014
Close corporation, oppression, voting rights
CLOSE CORPORATION: Oppression claim properly withdrawn from jury after parties rested… 3 dissenters who cannot demonstrate adverse & material effect of voting rights amendment not entitled to recovery for value of class B shares, 1 dissenter is entitled to [Read more…]
Marital, parenting plan, contempt, sanctions
MARITAL: Contempt by wife properly found for failure to abide by parenting plan imposed 10 years earlier… child’s wishes at 14, likely influenced by mother, only 1 factor in considering amendment… appeal of Rule 11 sanctions premature absent final judgment including amount of fees & costs… Spaulding affirmed. [Read more…]
Assault with weapon, fitness, initial appearance
ASSAULT WITH WEAPON: No prejudice by absence from uncontested fitness proceeding where no reasonable probability that presence would have altered conclusion that Defendant was unfit and prosecution did not resume until he was found fit… [Read more…]
Insurance, settlement release, UIM insurer prejudice
INSURANCE: Tortfeasor has sufficient assets that Plaintiff’s settlement release prejudiced her UIM insurer, precluding UIM recovery… Sherlock. [Read more…]
Medical malpractice, VA NP/pharmacy, experts
MEDICAL MALPRACTICE claims properly rejected on summary judgment and at trial for lack of proper expert as to standard of care of VA NP and pharmacy… Cebull affirmed (unpublished). [Read more…]
Sentencing, sex abuse of minor
SENTENCING: 365 months on remand for sex abuse of minor/attempted child pornography receipt substantively reasonable… Haddon affirmed (unpublished). [Read more…]
Sentencing, controlled substances by deception
SENTENCING: Sentence for controlled substance by deception within calculated Guidelines range, Defendant waived right to appeal… USA urged to consider more precise language in appellate waivers as to distinction between objection to calculation and request for downward departure… Haddon affirmed (unpublished). [Read more…]
Sentencing, personal meth v. distribution
SENTENCING: Claim that some meth was for personal use rather than distribution rejected… Watters affirmed (unpublished). [Read more…]
Sentencing, assault with weapon
SENTENCING: 62 months for assault with weapon substantively reasonable… Molloy affirmed (unpublished). [Read more…]
- 1
- 2
- 3
- …
- 59
- Next Page »