VERDICT: Defense, FRSA, retaliation claim by track worker dismissed for safety incidents and then reinstated. [Read more…]
Archives for January 2017
Roofer fall, uninsured employer, alcohol/drugs
Petitioner who fell from roof was employed by construction proprietorship and in course of employment… alleged alcohol/drugs not major contributing cause… Petitioner entitled to comp from UEF, proprietor shall indemnify UEF… Petitioner entitled to costs against UEF, over UEF’s request to overrule past rulings… Sandler. [Read more…]
Settlements
Plan I
Jason Cajune, low back, 9/14, $87,500, Kim Schulke
Joyce Takemoto, upper arm, 7/13, $55,000, medical closed, Michael Bliven
Daniel Picchietti, abdomen, 4/16, disputed, $6,500, Steve Fletcher [Read more…]
Attorney’s lien, legal description of property
ATTORNEY’S LIEN not invalid for not including legal description of the property… Wheelis reversed. [Read more…]
Work comp bad faith, fiduciary, defense verdict
WORK COMP BAD FAITH: 3rd-party claimant not owed a fiduciary duty… Plaintiff’s negligence-based causation instruction properly denied… new trial not required by juror questionnaire mixup… 0 damages (breach of duty but no loss from delayed acceptance of claim that hip surgery was necessitated by fall due to instability from 1982 knee injury) supported by evidence… fees for motion to compel properly excluded time for potential punitives, rate properly “split-the-difference” between Plaintiff/Defendant rates… Deschamps affirmed. [Read more…]
Foster placement, non-Indian 1st impression
FOSTER PLACEMENT: Remaining with current family rather than family in Oregon with child’s half-siblings properly found in best interests… 1st impression of non-Indian placement… Boucher affirmed. [Read more…]
Prosecutorial misconduct, presumption of innocence
PROSECUTORIAL MISCONDUCT: Closing comment that “the presumption of innocence that you came into this trial with no longer exists at this point” reversible error, theft conviction reversed, remanded for new trial… Menahan reversed. [Read more…]
DUI, commercial truck inspection stop
DUI: Particularized suspicion not required for MDT officer to stop commercial truck under “closely regulated industry” exception to 4th Amendment, stop properly ripened into DUI arrest… Myhre/Olson affirmed. [Read more…]
Obstructing justice, hiding offender under bed
OBSTRUCTING JUSTICE: State not relieved of proving that Defendant knew person under bed was an offender, even without instruction defining “knowing” … Christopher affirmed. [Read more…]
State liquor stores, $26,156,411.65, class action
STATE LIQUOR STORES: Class Counsel awarded $8,718,803.88 payable from $26,156,411.65 common fund ($14,836,178.22 damages, $11,320,233.43 statutory/unjust enrichment interest) for challenge of State under-compensating for unbroken cases… Pinski. [Read more…]