DUI: No obligation to advise of right to independent BAC test where no PAST was given… Eisenbrandt/Christopher affirmed. [Read more…]
Archives for 2017
$1,139,803.76 attorney fees, will contest
ATTORNEY FEES: $1,139,803.76 contingency fees, $9,138.92 costs, jointly/severally against 2 Defendants in $2.7 million will contest… request to present juror testimony of “consensus” to apportion more fault to 1 Defendant denied… Berger. [Read more…]
$666,534.11 judgment, water easement trespass
WATER EASEMENT TRESPASS/NUISANCE: $622,196.56 damages, $29,991 attorney fees, $14,346.55 costs to Water District against subdivision developers for failure to build retaining wall to prevent erosion of earth protecting water & sewer lines consequently requiring new water line to town… $278,521.81 damages to homeowners… Cybulski. [Read more…]
Dog attack, total hip arthroplasty
DOG ATTACK: Summary judgment on liability in favor of Plaintiff who was only one who witnessed attack which resulted in total hip arthroplasty… Defendants offer only unsupported skepticism of veracity… Moses. [Read more…]
Stay, forum non conveniens, Libby asbestos
STAY: Libby asbestos insurance coverage suit filed in Montana by BNSF against 3 insurers stayed pursuant to forum non conveniens in light of Texas litigation… lack of necessary/indispensable parties, first to file, crowded Montana docket not reasons for stay… Moses. [Read more…]
Settlements
Plan I
Cathy Hebert, low back, 5/09, $445,334, Leslae Dalpiaz
Craig Rider, ankle, 9/08, $90,000, Edward Duckworth
Robert Ford, knee, 12/13, $65,000, Leslae Dalpiaz
No lawyer: Terrie Miller, mult, 15, disp, $5,000 [Read more…]
Conversion, failure to return prisoner’s watch
CONVERSION: Claim for failure of PD to return prisoner’s watch worn at time of bar fight arrest accrued 6 months after completion of criminal case, barred by 2-year statute… Salvagni affirmed. [Read more…]
Subpoena, phone records to identify police report
SUBPOENA for all phone records of guardianship caregiver in attempt to identify alleged false police report properly quashed, attorney fees properly awarded caregiver… Manley affirmed (IOR I-3(c)). [Read more…]
Marital, tax consequences of ranch sale
MARITAL: Tax consequences should be considered in likely sale of ranch to satisfy payment of wife’s half interest… Jensen/Pinski reversed. [Read more…]
Drugs, driver “free to go” but vehicle not
DRUGS: Dog search lawfully carried out pursuant to warrant based on suspicion… driver not improperly detained by Trooper repeatedly telling him that he was free to go but his vehicle was not… Gilbert affirmed. [Read more…]
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