SEVERANCE AGREEMENT with Military Affairs employee properly upheld on summary judgment… Sherlock affirmed. [Read more…]
Archives for April 2016
Non-parent interest, Montana inconvenient forum
NON-PARENT INTEREST: Montana inconvenient forum to determine interest as to child whose mother moved to Oklahoma… Sherlock affirmed. [Read more…]
DUI, mandatory minimum exception for duress
DUI: Duress exception for mandatory minimum not clearly applicable to felony DUI, counsel not ineffective for not urging it… Reynolds affirmed (IOR I-3(c)). [Read more…]
Attorney fees/costs, $29,005.50, hospital rates
ATTORNEY FEES: $29,005.50 awarded hospital attorneys for defense of complaint challenging uninsured v. insured rates, dispute over surgical implants… Salvagni. [Read more…]
Foreclosure, default, sanctions request
FORECLOSURE: Homeowner’s motion to set aside default and for sanctions against Board of Housing denied, Board entitled to possession… Salvagni. [Read more…]
Drugs, false reason for traffic stop
DRUGS: Stop of suspected meth traffickers not invalidated by officer lying about reason for stop… motion to suppress properly denied… Watters affirmed. [Read more…]
Bankruptcy, assets transfer preliminary injunction
BANKRUPTCY: Preliminary injunction properly issued against assets transfer… Kirscher/Molloy affirmed (unpublished). [Read more…]
Defamation, support/alimony debt, newspaper
DEFAMATION claims against newspaper as to child support/alimony debt properly dismissed on summary judgment for failure to prove falsity… Lynch/Christensen affirmed (unpublished). [Read more…]
Social Security, CTS, back
SOCIAL SECURITY: CTS properly found not severe impairment, but insufficient weight given to treating physician as to back impairments… credibility, lay testimony should also be reevaluated… Christensen affirmed, reversed (unpublished). [Read more…]
Social Security, prior application, psychological
SOCIAL SECURITY: Argument that decision not to reopen prior application violated due process untimely raised in reply brief, does not raise colorable constitutional claim or implicate manifest injustice, but current application improperly denied without consideration of psychologist’s diagnosis of depressive disorder in addition to pain disorder, remanded for further proceedings rather than immediate payment… Lynch/Christensen. [Read more…]