UNIONS: Teacher’s claim against union in relation to termination barred by 2-year limitation for liability created by statute (NLRA duty of fair representation)… Seeley affirmed (other grounds, IOR I-3(d)). [Read more…]
Archives for August 2015
Marital, settlement conference waiver
MARITAL: Waiver of Rule 16(a) conference on wife’s motion before husband had chance to respond within Judge’s discretion… no right to continuance after non-attorney withdrew shortly before trial… estate generally properly apportioned, but 2-year delay in issuing decree resulted in inequitable division of 401(k), 5 acres purchased with disabled son’s SS but held in parties’ names should be distributed… maintenance, fees properly awarded to wife… husband properly sanctioned for removal of 4-wheeler in violation of ERO… appeal sanctions denied… Ortley affirmed, reversed (IOR I-3(d)). [Read more…]
Speedy trial/speedy sentencing
SPEEDY TRIAL/SPEEDY SENTENCING claims properly denied, although analysis was rendered incorrect by Betterman… Krueger affirmed (other grounds). [Read more…]
24/7 Sobriety Program, breath tests, contempt
24/7 SOBRIETY PROGRAM breath tests not unreasonable searches but require individualized assessment… contempt for missing tests properly reversed by District Court for lack of assessment… Wheelis reversed, affirmed. [Read more…]
Medical malpractice, admitted liability medicals
MEDICAL MALPRACTICE: Summary judgment in amount of $752,723.62 medical bills incurred for admitted liability bile duct severance, consistent with Rule 56 and Ridley, over contention that Plaintiffs can recover only $233,736.30 paid by Medicare and Medicaid… summary judgment for $76,723 undisputed home care, disputed amounts may be resolved at trial… pre-judgment interest on summary judgment amounts… Manley. [Read more…]
Settlements
Plan I
Murray Fladeland, lumbar, 5/10, disputed, $96,407, Leslae Dalpiaz [Read more…]
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