EASEMENT across farm land to residential parcel established by 1987 stipulation in prior suit, not necessary to also find prescription… attorney fees properly awarded as UDJA supplemental relief, not for “detriment” under Field Code… Cybulski affirmed (IOR I-3(c)). [Read more…]
Archives for May 2017
Wages, log truck driver overtime
WAGES: Award of $7,417.39 unpaid overtime with 55% penalty affirmed over log truck driver’s claim of $37,255.05 wages and 110% penalty in 3rd appeal… Defendant’s request for appeal fees denied… Spear/Dayton affirmed (IOR I-3(c)). [Read more…]
Airline taxes, non-“regularly scheduled airline”
AIRLINE TAXES: Local aviation operator not a “regularly scheduled airline” subject to central property tax assessment despite contract with UPS… Bidegaray affirmed (other grounds). [Read more…]
Unlawful detainer, res judicata
UNLAWFUL DETAINER: Gravamen of suit for possession of property is same as in prior affirmed non-judicial foreclosure, claim barred by res judicata… Haynes affirmed (IOR I-3(c)). [Read more…]
Order of protection, appeal from Justice Court
ORDER OF PROTECTION: Conclusion that subject of order failed to establish error by Justice Court was tantamount to affirming order… Boucher affirmed (IOR I-3(c)). [Read more…]
DUI, 911 call, Trooper’s observation
DUI: Sufficient particularized suspicion based on 911 call and Trooper’s observation… motions to suppress/dismiss properly denied… Hoerning/Newman affirmed. [Read more…]
DUI, weaving, turning into closed business
DUI: Sufficient particularized suspicion for stop of vehicle weaving in lane, exiting roadway to avoid further observation, turning into closed business late at night… Langton affirmed (IOR I-3(c)). [Read more…]
Probate, alleged fraud by decedent’s husband/PR
PROBATE: Claim that motorcycle decedent’s husband/PR defrauded stepson by not suing himself as driver of motorcycle barred by statutes of limitation and failure to properly plead fraud… Murnion. [Read more…]
Choice of law, Montana employee, Minn. employer
CHOICE OF LAW/VENUE: Claims of Montana employee and counterclaims of Minnesota employer under intertwined non-solicitation and incentive agreements properly tried in Minnesota pursuant to choice-of-law and forum selection provisions in non-solicitation contract… McMahon. [Read more…]
Defense verdict, podiatrist, foot cancer death
VERDICT: Defense, podiatrist malpractice, cancer death, delayed diagnosis of foot cyst. [Read more…]
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