ATTORNEY DISCIPLINE: Motion to compel discovery responses granted… COP losing patience with counsel failing to timely cooperate with ODC… COP. [Read more…]
Archives for May 2015
Administrative law, wholesale striking of f&c
ADMINISTRATIVE LAW: BPA’s wholesale striking of Scrimm’s findings & conclusions in CSED compliance specialists’ pay dispute in favor of conclusory statements based on improper extra-record preoccupation with impact on state employee collective bargaining rejected, proposed order adopted as final order… Sherlock. [Read more…]
Seatbelt ejection claims, no evidence
SEATBELT case dismissed for failure to produce evidence that driver with no memory of rollover ejection was wearing defective seatbelt… Deschamps. [Read more…]
$3,250 verdict, intersection MVA, mental distress
VERDICT: $3,250 net (65/35), intersection MVA, mental distress… previously paid $25,000 liability limits. [Read more…]
Bankruptcy, appeal standing, choses in action
BANKRUPTCY: Yellowstone Club co-founder with choses in action has standing to appeal confirmation of Plan… appeal as to exculpation clause not equitably moot… appeal as to other requested relief which would require unraveling Plan equitably moot… Haddon affirmed, reversed (unpublished). [Read more…]
Bankruptcy, failure to comply with stipulation
BANKRUPTCY: Dismissal proper for failure to comply with stipulation for reconverting to Ch. 11… Christensen affirmed (unpublished). [Read more…]
Gas, “at the well” rule, royalty claims
GAS: “At the well” rule defeats royalty contract/ fraud claims… Cebull affirmed (unpublished). [Read more…]
Tax evasion v. willful failure to pay
TAX EVASION: Jury should have been instructed on willful failure to pay as lesser-included… vacated and remanded… Lovell reversed (unpublished). [Read more…]
Sentencing, girlfriend’s meth at jail
SENTENCING: Girlfriend’s meth at jail properly included in quantity attributable to Defendant… remanded for application of 3rd level reduction amendment… Haddon affirmed (unpublished). [Read more…]
Insurance, grizzly maul victim, “temporary worker”
INSURANCE: Fact issues as to whether grizzly maul decedent was “temporary worker” or “employee” preclude summary judgment on duty to indemnify animal facility… because there is potential for coverage if victim is found to have been temporary worker, insurer has duty to defend against tort claims… findings & recommendation… Lynch. [Read more…]