MARITAL: Challenge of judgment allowing ex-wife to execute on “any business owned by any business owned and/or operated” by husband or 3rd-party associate not preserved for appeal… pro se husband not permitted to raise arguments on behalf of [Read more…]
Archives for 2014
Marital, custody, CSED v. Court income findings
MARITAL: Primary custody of children properly awarded to wife… conflicting findings as to husband’s income by CSED and Judge require reconsideration of support award… Krueger affirmed, reversed. [Read more…]
Parental rights, petition by mother
PARENTAL RIGHTS of incarcerated father improperly terminated on petition of mother and based on failure to timely answer due to prison red tape… Gilbert reversed. [Read more…]
DUI, disabled vehicle
DUI: Instruction from prior opinion that “it does not matter that the vehicle is incapable of moving” rejected, totality of circumstances test for “actual physical control” of disabled [Read more…]
Defense verdict, med-mal, foot surgery
VERDICT: Defense, medical malpractice, claimed unnecessary foot surgery, prolonged orthotic boot. [Read more…]
Defense verdict, med-mal, knee surgery
VERDICT: Defense, medical malpractice, alleged failure to diagnose existing knee infection prior to total knee arthroplasty. [Read more…]
Settlements
Plan I
Timothy Dietz, whole body, 1/10, disputed, MCCF to pay PTD retroactive to when it converted TTD to biweekly impairment, pay any unaccrued/unpaid impairment in lump sum, Petitioner is disabled [Read more…]
Illegal execution, law firm, 12(b)(6) dismissal
ILLEGAL EXECUTION: Conversion, abuse of process, wrongful levy claims against law firm alleging wrongful seizure of everything in home “not nailed down” to leverage settlement of $482,499 land sale verdict improperly dismissed for failure to state claim… constitutional claims properly dismissed… Stadler, reversed, [Read more…]
Arbitration, police discharge
ARBITRATION: Arbitrator did not exceed authority in interpreting CBA to require progressive discipline of policeman before discharge… public policy not violated by requiring reinstatement… authority not exceeded by ordering expungement of fitness exam from personnel file… MacIntyre affirmed, Gilbert reversed. [Read more…]
Zoning v. building code, roof restrictions
ZONING: Roof restrictions impermissible building code under guise of zoning ordinance… homeowners entitled to fees for successful declaratory action… Seeley affirmed, reversed. [Read more…]
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