RAPE: “Compelled” testimony from 1st trial on same charge properly admitted at 2nd trial… Allison affirmed. [Read more…]
Archives for 2017
Comp exclusivity, NIED/punitives, decedent’s son
COMP EXCLUSIVITY: Substantive due process challenge by burn decedent’s son claiming NIED and punitives from employer rejected over argument of lack of 3rd-party quid pro quo… Halligan. [Read more…]
Defense verdict, movie theater restroom slip & fall
VERDICT: Defense, movie theater restroom slip & fall on water from broken toilet, fractured hip. [Read more…]
Jury contact, girlfriend denunciation of Defendant
JURY CONTACT: Claim that jurors overheard theft/firearms Defendant’s ex-girlfriend loudly denouncing him based on testimony of co-defendant’s mother properly rejected following evidentiary hearing on remand… jury questionnaire properly submitted in lieu of recalling for questioning or allowing Defendant to contact jurors years after the trial… Judge recusal for bias and partiality properly denied… no error in excluding Defendant from pre-hearing telephonic conferences even if one was deemed “critical stage”… reversal not required by routine discarding of surveillance videos… Nielsen affirmed. [Read more…]
Drunken fall
Alcohol major contributing cause of accident, employer attempted to stop drinking, claim barred… Sandler. [Read more…]
Settlements
Plan I
Donald Parks, multiple, 4/09, $34,353, medical reserved, Paul Toennis [Read more…]
Defense verdict, Medicine Man MVA invoice
VERDICT: Defense, refusal to pay $6,000 “Medicine Man” invoice for MVA treatment. [Read more…]
Wastewater, box store “secondary impacts”
WASTEWATER: DEQ did not violate MEPA by not considering “secondary” impacts of big box store other than water quality and related construction of wastewater system… owner must be disclosed in application (not just realtor)… Menahan reversed, affirmed. [Read more…]
Irrigation ditch, hotel interference
IRRIGATION DITCH: Farmer’s claims of interference by hotel properly resolved by allowing hotel to maintain ditch… hotel properly awarded fees/costs for its more favorable offer rather than to farmer under ditch statute… Moses affirmed. [Read more…]
Assault with weapon, bystander justifiable force
ASSAULT WITH WEAPON: Counsel not ineffective for failing to request bystander justifiable force instruction where “bystander” injured in knife fight was never deemed innocent bystander… Fagg affirmed. [Read more…]
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