SUPERVISORY CONTROL of Manley denied in parties’ dispute over jury v. bench trial… order. [Read more…]
Archives for April 2016
Bar admission, ABA school requirement
BAR ADMISSION: Waiver of ABA school requirement for admission on motion denied, but leave granted to take bar exam… orders. [Read more…]
Parenting, out-of-state relocation
PARENTING: Mother properly allowed to relocate to Vermont with daughter… Gilbert affirmed. [Read more…]
Assault with weapon, lesser-included assault
ASSAULT WITH WEAPON: No evidence that would support lesser-included of misdemeanor assault… Deschamps affirmed (IOR I-3(c)). [Read more…]
UCC, equipment collateral sale
UCC: Lender entitled to recover $53,210.03 due on note plus $10,364.97 fees/costs from proceeds of sale by implement dealer of equipment/collateral it took as trade-in from borrower… Cybulski. [Read more…]
FELA verdict, eye, shattered safety glasses
VERDICT: Jury found $650,000 damages for eye injury from shattered safety glasses in RR shop, deducted $50,000 for failure to mitigate, found 50/50 negligence… Plaintiff seeks to eliminate contributory on basis that evidence proved RR violated safety statutes… RR seeks $96,553 offsets for wage loss/disability benefits, which it asserts would mean $203,447 net to Plaintiff. [Read more…]
Defense verdict, med-mal, ER evaluation, death
VERDICT: Defense, med-mal, claim that Defendant improperly evaluated & treated Plaintiff in ER, causing heart attack death 7 weeks later. [Read more…]
Sex abuse of minor, basement search for teens
SEX ABUSE OF MINOR: Warrantless search of basement with missing teen girls, adult males, alcohol justified by nonverbal consent of Defendant’s mother, exigent circumstances… Morris affirmed (unpublished). [Read more…]
Settlements
Plan I
Brenda Herbst, low back, 3/14, Kalispell Costco, disputes as to impairment rating, medical treatment, voc-rehab, lump-sum of PPD, $72,500 for all claims less $25,128 already paid plus $1,030 deposition costs to reporters and $1,200 deposition preparation costs to Flathead Valley Orthopedic Center, stipulated judgment; Alex Evans for Herbst, Ronald Atwood for Costco [Read more…]
Current Issue April 16, 2016
Supreme Court – Civil
- Claim preclusion, contamination contribution
- Subdivision, private road gates, City ordinance
- Ditch easement, attorney fees
- State pay plan, Compliance Specialists, equity
Ninth Circuit Court
Federal Trial Courts
Workers’ Compensation Court
Human Rights
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