ARBITRATION: Residential lease arbitration award properly confirmed… Kutzman affirmed (IOR I-3(c)). [Read more…]
Archives for September 2016
Marital/conversion/res judicata
MARITAL/CONVERSION/JUDICATA: Suit claiming pre-divorce conversion of $6,500 check barred by res judicata failure to order wife to repay in marital contempt proceeding… Lympus reversed (IOR I-3(c)). [Read more…]
Postconviction, offered plea agreements, rape
POSTCONVICTION: Counsel adequately advised of offered plea agreements, rejection of which resulted in 30 years for rape… Neill affirmed (IOR I-3(c)). [Read more…]
$2,738,145 judgment, police wages/longevity
BENCH JUDGMENT: $2,738,145, failure to properly account for longevity in Billings police wages… Gilbert. [Read more…]
$213,163 restitution, insurance fraud
RESTITUTION: $213,163.25 properly ordered for insurance fraud… Molloy affirmed (unpublished). [Read more…]
Wire fraud/false claims/government property theft
WIRE FRAUD/FALSE CLAIMS/GOVERNMENT PROPERTY THEFT convictions related to subordinate filing false time sheets affirmed… Morris affirmed (unpublished). [Read more…]
Aggravation, primary v. IME physician
Job injury permanently aggravated pre-existing neck condition based on IME-turned-primary-physician’s opinion over other IME opinion… insurer remains liable for ongoing care but may deny authorization for a particular treatment if it has legitimate grounds that it is maintenance or palliative… Sandler. [Read more…]
Settlements
Plan I
Alan Duncan, low back, 2/08, $24,000, medical closed, Chris Ragar [Read more…]
Noncompete covenant, CPA firms
NONCOMPETE COVENANT: Employment agreement not unenforceable agreement to agree, not contract of adhesion, covenant should be analyzed for enforceability against CPAs who left and started new firm… Defendants except one correctly found not to have breached fiduciary duties, damages by the one to be re-analyzed on remand… Huss reversed, affirmed. [Read more…]
Right to be present, pre-trial conference
RIGHT TO BE PRESENT: Defendant not prejudiced by absence from emergency procedural conference… Oldenburg affirmed. [Read more…]