Plan II
Alvin Philabaum, low back, 2/11, disputed PT, $280,449, Tom Murphy [Read more…]
Archives for January 2015
Restitution, counseling, protective order violation
RESTITUTION: Counseling costs for sex abuse accuser improperly imposed for violation of order of protection… McLean reversed. [Read more…]
Speedy trial, misdemeanor DUI, constitutional right
SPEEDY TRIAL: Right to trial within 6 months for misdemeanor DUI waived by postponement on motion of Defendant, but constitutional speedy trial claim remains, improperly summarily rejected… 375 days sufficient to trigger analysis, remanded for analysis under Ariegwe… Wood/Seeley reversed. [Read more…]
Postconviction, IAC, jury demand
POSTCONVICTION: Claim of ineffective assistance by failing to demand jury for PFMA defendant properly denied… Fagg affirmed (IOR I-3(d)). [Read more…]
Recall, county commissioner, false declarations
RECALL: Petition rendered invalid by false Statement declarations alleging Commissioner misconduct… Gilbert. [Read more…]
$400,000 judgment, gas common carrier breach
BENCH JUDGMENT: $400,000 stipulated damages awarded to gas producer for breach of common law duty of common carrier inherent in grant of BLM easement by failing to accept gas for transport, operate gathering system on non-discriminatory basis, increase line pressures in adjacent field, and by establishing conditions that reduced production and flow of gas, injunctive relief denied, in case in which facts as to common law duty are sui generis… Strong. [Read more…]
ARD claim, dismiss or indefinite abeyance
Motion by ARD Claimant to dismiss case or place in abeyance indefinitely denied… Sandler. [Read more…]
Settlements
Plan II
Dola Strube, hip, 10/05, disputed PT, $120,000, Michele Levine [Read more…]
Negligence, duty to warn of mental patient threat
NEGLIGENCE: §27-1-1102 duty of mental professionals to warn of actual threat of violence by specific means not triggered by patient’s admission of aggression to girlfriend when drinking, suit by parents of murdered girlfriend properly dismissed on summary judgment… Sherlock affirmed. [Read more…]
Marital, D Reorg, grocery store valuation
MARITAL: Divisive Reorganization of grocery store & ranch supported by wife’s expert testimony over husband’s, no basis for Rule 59 amendment, modification could be requested if IRS rules adversely… store properly valued… Larson affirmed. [Read more…]