SS: Law of the case precludes challenging any ALJ finding which Court previously affirmed… Christensen affirmed (other grounds) (unpublished). [Read more…]
Archives for May 2017
Environment, Kootenai Forest grizzlies
ENVIRONMENT: Kootenai Forest Young Dodge Project complied with ESA and NEPA as to grizzly impacts… Molloy affirmed (unpublished). [Read more…]
$1,250,000 settlement, death at roadblock
SETTLEMENT: $1,250,000, following finding of no immunity for deputies who killed burglary/auto theft suspect absent proper Terry stop. [Read more…]
Medical bills paid by Libby Medical Plan
Insurer not liable under §704 as interpreted in Shepard for decedent’s medical bills which were paid by entity that is not seeking reimbursement… Sandler. [Read more…]
Settlements
Plan I
Tara Pfaff, multiple, 7/14, $60,000, Paul Adam [Read more…]
Costs on remand from $300,000 discharge reversal
COSTS properly awarded City on remand from reversal of $300,000 discharge verdict based on conclusion that JML should have been granted, despite MMIA obligation to pay costs… Fagg affirmed (IOR I-3(c)). [Read more…]
House construction contract, bench trial
HOUSE CONSTRUCTION: Contractor properly awarded damages in bench trial… dismissal of homeowners’ counterclaims not addressed for failure to present argument or authority in appeal brief… contractor improperly denied foreclosure of lien and attorney fees on the basis that homeowners were dissatisfied with subcontractor’s masonry/stone work… Haynes affirmed, reversed. [Read more…]
Mental commitment, stretched implied findings
MENTAL COMMITMENT: Implied findings cannot be stretched far enough to remedy deficiencies in oral and written findings… appeal following expiration of commitment meets “capable of repetition” exception to mootness… Oldenburg reversed. [Read more…]
Indian child placement, non-Indian home
INDIAN CHILD PLACEMENT: Mother lacks standing to contest placement of child with non-Indians by appealing only placement and not termination of her parental rights… Knisely affirmed. [Read more…]
Sentencing, oral v. written, PSI fees, costs
SENTENCING: No error in incorporating PSI-recommended fees, costs, surcharges in judgment that were not articulated in pronouncement… challenge of additional costs without considering ability to pay waived by failure to object… Reynolds affirmed. [Read more…]