VERDICT: Defense, family ranch sale to daughter. [Read more…]
Archives for October 2017
Federal mining condemnation, jury footnote
MINING CONDEMNATION: Footnote addressing jury issue added to opinion holding that stay of federal mining condemnation should have been granted pending parallel State Court action… rehearing denied… order. [Read more…]
SSD, arm limitations, subjective allegations
SSD: ALJ Kilroy impermissibly substituted his judgment for that of state agency physicians as to arm limitations, failed to provide sufficient reasons for discounting subjective allegations, failed to provide germane reasons for discounting son’s testimony of mother’s limitations… remand recommended… Lynch. [Read more…]
Settlements
Plan I
Stacy Bright, foot, 4/16, disputed compensability, $32,000 for all claims, stipulated judgment; Lucas Wallace for Bright, Kelly Wills CHS [Read more…]
Insurance, Hutterite Colony UIM policy
INSURANCE: Hutterite Colony members not “insureds” under Colony UIM policy for injuries while passengers in another Colony’s vehicle… Spaulding affirmed. [Read more…]
Parenting plan, modification, 14-year-old child
PARENTING PLAN: Child turning 15 and children’s desire to live with mother insufficient changed circumstances to warrant modification hearing in light of 2013 litigation… Bowen/J. Brown affirmed. [Read more…]
Sentencing, obstruction parole restriction
SENTENCING: Parole restriction properly imposed on obstruction count stemming from death of boyfriend’s child despite no restriction on boyfriend… violent offender registration improperly imposed… Jones affirmed, reversed. [Read more…]
DUI, excessive exhaust, revving
DUI: Excessive exhaust observed by one officer after report by another officer of excessive revving inside parking garage provided particularized suspicion for investigative stop… Wood affirmed, Cooney reversed. [Read more…]
DUI, unwarranted community caretaker seizure
DUI: Seizure of person in vehicle with South Dakota plates legally parked in remote public campground on warm spring day not justified by community caretaker doctrine… DUI conviction reversed… Hayworth reversed (IOR I-3(c)). [Read more…]
Defective yard hydrants
DEFECTIVE YARD HYDRANTS: Constitutional (clean/healthful environment) tort, negligence, declaratory, breach of contract claims by water district against DEQ dismissed on summary judgment… professional negligence claim against engineers time-barred, further briefing required as to whether gravamen sounds in tort… Jones. [Read more…]