RELATION-BACK to bring insurance bad faith claims within statutes of limitations denied where Plaintiff knew of added Defendant’s identity but was unaware of claims handling… judicial notice taken of State Court proceedings resulting in $268,435.94 MVA verdict to supplement Complaint information… Christensen. [Read more…]
Archives for December 2016
Settlements
Plan I
Wade Kvapil, ARD, 12-16, City of Libby, disputed, $20,000, stipulated judgment; Ethan Welder for Kvapil, Morgan Weber for MMIA [Read more…]
Mental commitment, harassing calls, stalking
MENTAL COMMITMENT: Sufficient evidence of imminent threat of harm by harassing phone calls and stalking behavior… automatic re-commitment improperly provided for failure to comply with discharge recommendations following release… Simonton affirmed, reversed. [Read more…]
Child rape/sex assault, jury trial for not admitting
CHILD RAPE/SEXUAL ASSAULT: Continuance due to late disclosure properly denied… mistrial properly denied as to Prosecutor’s comments about necessity of jury trial… Defense Counsel rapped for suggesting that male jurors would appreciate how impossible it is to undress a woman who is resisting… Newman affirmed. [Read more…]
Speedy trial, lost drug rehab opportunities
SPEEDY TRIAL violated by failure to submit evidence to Lab for 102 days during which defendant was deprived of rehab opportunities… meth possession conviction reversed… Newman reversed. [Read more…]
DUI, consent to blood test
DUI: Defendant gave express consent to blood test and never withdrew consent… failure to sign hospital’s consent form irrelevant… Langton affirmed. [Read more…]
Negligence, fall by water truck driver at well site
NEGLIGENCE: Mine operator owed no duty to water truck driver allegedly injured at well site on land owned by mine owner (well owned by farmer)… Jones. [Read more…]
Defense verdict, med-mal, Nissen fundoplication
VERDICT: Defense, medical malpractice, Nissen fundoplication, gallbladder removal. [Read more…]
Bankruptcy, Barton permission to sue UCC chair
BANKRUPTCY: Barton doctrine requiring permission to sue in District Court applies to UCC members in official capacities… pre-petition tort/contract/fraud claims against UCC chairman (Debtor’s former attorney) do not require Barton permission… Barton motion properly denied as to post-petition claims… UCC chairman not entitled to judicial immunity as to all actions as chairman, remanded for consideration of immunity for post-petition claims… Molloy/Haddon/Kirscher affirmed, reversed. [Read more…]
Bankruptcy, Ch. 13 creditors, timely proof of claim
BANKRUPTCY: Ch. 13 creditors must file timely proof of claim to participate in distribution of assets even if the debt was listed in the debtor’s schedules… BAP/ Kirscher affirmed. [Read more…]
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