DUI: Officer not precluded from obtaining consent for post-arrest blood/breath sample after refusal of PAST… Haynes affirmed (IOR I-3(d)). [Read more…]
Archives for 2015
Defense verdict, UIM, multiple injury claims
VERDICT: Defense, UIM, multiple injury claims. [Read more…]
Settlements
Plan I
Steven Coxe, multiple, 5/14, 2/15, Fallon Medical Center, disputed as to medical causation & insurer’s liability, $75,000, medical closed, stipulated judgment; Russell Plath for Coxe, Joe Maynard for MHNWCIT [Read more…]
Conservation restrictions, easement in gross
CONSERVATION RESTRICTIONS in deed created easement in gross enforceable against successor grantee, rule against perpetuities not violated… Menahan affirmed. [Read more…]
Wrongful discharge, DPHHS attorney
WRONGFUL DISCHARGE: Good cause for termination of DPHHS attorney… Menahan affirmed. [Read more…]
Contract, “cooperate & participate,” attorney fees
CONTRACT: Provision requiring parties to real estate agreement to “cooperate and participate” in quiet title action does not require payment of share of attorney fees… Cybulski affirmed (IOR I-3(d)). [Read more…]
Marital, SS offset v. factor in property division
MARITAL: Majority rule adopted that SS not allowed as basis for an offsetting award but may be considered when dividing property… amount of maintenance improperly based on conclusion that wife’s expenses should be same as husband’s… termination of maintenance properly keyed to husband being no longer “gainfully employed”… Manley affirmed, reversed. [Read more…]
Marital, up-front equalization payment, ranch sale
MARITAL: Up-front equalization properly ordered with potential of forced sale of ranch as incentive… tax consequences of ranch sale should be considered… ranch properly valued… Knisely affirmed, reversed. [Read more…]
Marital, wife with oil trusts, impecunious husband
MARITAL: Property, maintenance, attorney fee awards involving wife with oil trusts, impecunious husband, affirmed… Allison affirmed (IOR I-3(d)). [Read more…]
Judicial immunity, removal of child
JUDICIAL IMMUNITY: Judge immune from suit seeking damages for alleged wrongful removal of child… Fagg affirmed (IOR I-3(d)). [Read more…]
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