Plan II
James Ward, disk, 8/15, $61,159, medical reserved, Chris Helmer
Evelyn Shuey, multiple, 9/90, $40,000, Kenneth Thomas [Read more…]
Archives for November 2016
Defamation, newspaper articles, rest stop vandalism
DEFAMATION: Articles on rest area vandalism “essentially truthful,” claims properly dismissed on summary judgment… Cybulski affirmed. [Read more…]
Easement, prescriptive v. express, prelim injunction
EASEMENT: Preliminary injunction properly granted on prescriptive easement theory (does not preclude express public easement theory), but improperly limited to passenger vehicles… Reynolds affirmed, reversed. [Read more…]
Indians, civil suit jurisdiction, sovereignty
INDIANS: Suit alleging improper conduct by tribal officer properly dismissed for lack of jurisdiction, tribal sovereignty… Manley affirmed. [Read more…]
ATM services, misdirected deposits
ATM SERVICES: Unjust enrichment claim against SD bar owner for $35,520 uncollected from $285,520 misdirected deposit during transfer of processing services for Montana ATM properly dismissed as time-barred… claims against processing entity for breach of written/oral contracts, implied covenant, actual/constructive fraud, negligent/intentional misrepresentation, general negligence properly dismissed on summary judgment… $21,500 fees properly awarded… Eddy affirmed. [Read more…]
Joint/several liability, retaliation judgment
JOINT/SEVERAL LIABILITY: Supervisory control of Gilbert granted ordering enforcement of $30,000 HRD retaliation judgment against individual, vacating joinder of City as necessary party, notwithstanding City’s pending judicial review action… order. [Read more…]
Appeal procedure, floodplain sanctions
APPEAL PROCEDURE: Sanctions in floodplain case became part of final judgment, waived by failure to raise in prior appeal… Haynes affirmed (IOR I-3(c)). [Read more…]
DUI, ND felony predicate, “inadequate record”
DUI: State had burden to prove ND DUI qualified for felony enhancement, “inadequate record” as to whether it was BAC or “under influence” not competent proof… Moses reversed. [Read more…]
Restitution, searching for/damage to stolen guns
RESTITUTION: $5,039.94 properly awarded for searching for and damage to stolen firearms in addition to $23,762 stipulated… Deschamps affirmed. [Read more…]
Defense verdict, hospital death, HCM
VERDICT: Defense (negligence but no causation), hospital malpractice, death of patient with pre-existing hypertrophic cardiomyopathy. [Read more…]