JUDGE RECUSAL: Rule of necessity permits a judge to hear a case in which a plaintiff sues all judges of the district… Lynch/Molloy affirmed (other grounds). [Read more…]
Archives for October 2015
Sentencing, “sophisticated means” enhancement
SENTENCING: “Sophisticated means” enhancement properly applied to coordinated/repetitive transfer of money from charity to personal account… Morris affirmed. [Read more…]
Last injurious asbestos exposure
Interrogatory statement that Petitioner had “significant asbestos exposure” while working for 3rd employer (Libby) insufficient to support summary judgment for 2nd employer (Lincoln Co.)… Sandler. [Read more…]
Settlements
Plan I
Tina Davidsen, multiple, 5/12, disputed entitlement to past-due/ongoing indemnity, $46,800, medical reserved, stipulated judgment; Charla Tadlock for Davidsen, Andrew Adamek for Benefis Healthcare System [Read more…]
Negligence, $59,500 MVA verdict reversed
NEGLIGENCE: Medical panel report improperly let MVA Defendant put doctors’ opinions that Plaintiff could return to job in record without calling them to testify, $59,500 verdict reversed, remanded for new trial… original medical bills should be allowed pursuant to Meek… parts of deposition based on post-disclosure medical records properly excluded… Ulbricht reversed, affirmed. [Read more…]
Statute of limitations, security guard injury
STATUTE OF LIMITATIONS properly applied by jury to bar security guard’s claim that neck injury resulted from altercation with trespasser… Seeley affirmed. [Read more…]
Default, summary denial of set-aside
DEFAULT: Motion to set aside entry of default improperly granted summarily without explanation… preliminary injunction in easement dispute improperly based on default but with no findings, conclusions, or reasoning… McLean reversed (IOR I-3(d)). [Read more…]
Marital, primary-home parenting plan
MARITAL: Primary home parenting plan properly adopted… Townsend affirmed (IOR I-3(d)). [Read more…]
Marital, rehearing from Standing Master trial
MARITAL: Custody properly switched from Master’s designation upon rehearing by Judge due to defective recording of hearing… Pinski affirmed (IOR I-3(d)). [Read more…]
Game, unlawful possession, statute of limitations
GAME: Statute of limitations for unlawful possession of wildlife begins when one ceases to possess… Krueger reversed on supervisory control (opinion & order). [Read more…]