JUSTIFIABLE FORCE in bar altercation properly rejected… criminal endangerment conviction, $324,215 restitution affirmed… Boucher affirmed. [Read more…]
Archives for November 2014
Speedy trial, 6-month misdemeanor time
SPEEDY TRIAL: Defendant waived 6-month misdemeanor speedy trial violation claim by counsel requesting postponement, no need to address rationale for refusing to dismiss DUI transferred from City Court to District Court as felony… Deschamps affirmed (other grounds). [Read more…]
Sentencing, deferred, prior felony rule
SENTENCING: Endangerment for having child in DUI car not eligible for deferred imposition under prior felony rule exception where threat of injury (as opposed to risk) is element but no injury [Read more…]
Sentencing, restitution/reimbursement
SENTENCING: Lenihan review of 1994 restitution/ reimbursement challenge declined as objectionable rather than illegal… claim that garnishment of tribal payments violates “bad men” provision of 1868 treaty not reached… McKeon affirmed (IOR I-3(d)). [Read more…]
Insurance, cosmetics students, $4 million consent
INSURANCE: Cosmetics students’ claims against school of, inter alia, boorish behavior by instructor and wrongful expulsion after filing complaints did not trigger duty to defend under CGL bodily injury coverage… expert’s opinion of physical manifestations of emotional distress did trigger duty, but duty met by acceptance of [Read more…]
Insurance, work comp offset, double recovery
INSURANCE: Work comp offset unambiguous, does not result in “double offset” for UIM insurer, precludes double recovery for insured… Strong. [Read more…]
Settlements
Plan I
Joyce Cory, multiple, 7/97, $132,899, Robert Ogg
Jennifer Paddock, low back, 10/12, $50,000, medical closed, Michael [Read more…]
Consortium by adult child of injured parent
CONSORTIUM by adult child of injured parent recognized… certified questions answered for Christensen. [Read more…]
Lending breach, $17,286,500 verdict, supervisory
LENDING BREACH: Bank’s request for supervisory control of McLean denied as to “conditional” judgment following $17,286,500 verdict… order. [Read more…]
Probate, purchaser of estate property
PROBATE: Purchaser of estate property not required to inquire into specific language of a will but only believe that PR had right to sell… purchaser of mineral rights improperly found to not act in good faith by failing to locate will… Bidegaray reversed. [Read more…]