Plan I
Shane Maiers, low back, 9/15, $55,000, Russell Plath [Read more…]
Archives for November 2016
Insurance bad faith, TRICARE co-payee condition
INSURANCE BAD FAITH: Insurer had reasonable basis in law to condition payment on resolution of TRICARE liens, liability improperly imposed for $1,464,000 consent judgment… Pinski reversed. [Read more…]
State employee demotion
STATE EMPLOYEE DEMOTION: Any error by HO in admitting full investigative report with hearsay was harmless… BOPA exercised unwarranted discretion in rejecting findings & conclusions without considering other evidence in record… Hanchett affirmed, BOPA reversed, Sherlock affirmed. [Read more…]
Water, below-dam rights, 1906 Decree
WATER: 1906 Decree properly construed to require electric dam operator to release natural inflow of creek during irrigation season, but to not require release of stored water to downstream appropriator to supplement natural flows… McElyea affirmed. [Read more…]
Property taxes, “scheduled airline”
PROPERTY TAXES: “Scheduled airline” definitions for central assessment… Sherlock affirmed, reversed. [Read more…]
Mental commitment, right to friend
MENTAL COMMITMENT: Plain-error review declined over claim that person was not given notice of right to a friend… Salvagni affirmed (IOR-I(3)(c). [Read more…]
Drugs, crushed prescribed Oxycodone
DRUGS: Jury adequately instructed on “ultimate user” defense where Defendant crushed Oxycodone that was prescribed with instructions to take by mouth… possession conviction affirmed… Reynolds affirmed. [Read more…]
SVOR, knowing failure to register
SVOR: Sufficient evidence that Defendant knowingly failed to register proper address, no prejudice by circumstantial instruction… Townsend affirmed (IOR I-3(c)). [Read more…]
Insurance, fees, jury valuation v. lower offers
INSURANCE: Attorney fees denied where insurer did not deny UIM coverage, Plaintiff chose to sue as insurer continued in good faith to evaluate claim and dispute value, jury’s ultimate $450,000 valuation does not mean lower offers unreasonable… Menahan. [Read more…]
Insurance, UM stacking, 5 vehicles, 1 premium
INSURANCE: No UM stacking of 5 vehicles with 1 premium and anti-stacking language… Menahan. [Read more…]