PRIVATE AG FEES improperly awarded against DNRC because groundwater rule challenge resolved statutorily, not constitutionally… Sherlock reversed. [Read more…]
Archives for July 2017
Probate, family land sale, written/oral contract
PROBATE: Sufficient writings to find existence of written contract for parents to sell 5 out of 96 acres to grandson, or part satisfaction of oral agreement constituted exception to Statute of Frauds… $18,474.32 damages judgment after 5 acres sold to bona fide purchaser properly entered against 3 daughters in distribution of entire 96 acres to 5 daughters, but should have included all 5… Manley affirmed, reversed. [Read more…]
Default, casino eviction, attorney negligence
DEFAULT: Motion to set aside default and default judgment in casino property eviction case based on prior counsel’s alleged “utterly horrible and gross negligence” properly denied, but remanded for recalculation of $2,083,171 damages award… Seeley affirmed, reversed. [Read more…]
Civil challenge of conviction
CIVIL CHALLENGE OF CONVICTION: Supervisory control of Christopher to allow civil challenge of 2007 kidnap conviction denied… postconviction right does not persist ad infinitum… leave required to file future pleadings… order. [Read more…]
False arrest, buffalo hazing activist
FALSE ARREST claims by buffalo hazing activist improperly rejected on JML… Judge invaded province of jury at summary judgment stage, improperly excluded police expert, “sandbagged” Plaintiff by decision on grounds not noticed, resolved numerous factual disputes reserved for jury… remanded for assignment to different judge… Haddon reversed. [Read more…]
Product liability, Mazda seat belt defense verdict
PRODUCT LIABILITY: Mazda passive seat belt defense verdict reversed based on improper foreseeable misuse instruction and precluded foreseeability evidence… Christensen affirmed, reversed (unpublished). [Read more…]
Compromise PTD settlement v. PTD medical
Compromise settlement of claimed right to PTD wage-loss benefits does not preclude claim of PTD for medical benefits purposes… PTD claimant need not petition DLI to reopen medical benefits before petitioning the Court… Sandler. [Read more…]
Settlements
Plan I
Gabriel Eslinger, low back, 1/17, disputed, $20,000, Rex Palmer
No lawyer: Kevin Carlson, low back, 12, $13,400; Shane Dehart, vertebrae, 16, $2,800 [Read more…]
Easement, divided family property
EASEMENT issues on divided family property properly resolved with 1 exception… Oldenburg affirmed, reversed. [Read more…]
Marital, post-decree lawyer/lawyer divorce rulings
MARITAL: Post-decree rulings in lawyer/lawyer divorce including receiver to distribute estate affirmed… Ortley/ Allison affirmed (IOR I-3(c)). [Read more…]
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