Plan I
Bob Burnside, 12/94, Cascade Co., multiple disputes as to existence, extent, relationship of alleged disability to accepted condition, $45,000, stipulated judgment; John Seidlitz for Burnside, William Blackaby for MACOWCT [Read more…]
Archives for 2017
Zoning variance, over-sized garage, no permit
ZONING VARIANCE properly denied for over-sized garage that was nearly completed prior to permit application… Moses affirmed. [Read more…]
Real estate, farm sale/lease, first refusal
REAL ESTATE: Farm sale and lease with repurchase option, right of first refusal, 1031 exchange, damages, and attorney fee issues affirmed and reversed… Boucher affirmed, reversed (IOR I-3(c)). [Read more…]
Tax lien, redemption period, tax deed
TAX LIEN: Owner properly allowed to redeem after 60-day redemption period but before Treasurer issued a tax deed, entitled to the additional time provided in notice… Halligan affirmed (IOR I-3(c)). [Read more…]
Work comp theft, TTD termination procedures
WORK COMP THEFT not related to TTD termination process… conviction affirmed… Sherlock affirmed. [Read more…]
Rape, speedy trial, reading aloud from transcript
RAPE: Speedy trial right not violated by 571 days delay… allowing detectives to read aloud from interview transcript not proper refreshment procedure but statements were otherwise admissions by party opponent and record does not establish that detectives were not testifying from refreshed recollections… conviction of rape of 8-year-old affirmed… Salvagni affirmed. [Read more…]
Insurance, policy limits to 2 of 4 MVA victims
INSURANCE: UTPA claim by 2 minors 3 years after MVA after payment of policy limits to 2 other victims dismissed without prejudice as there was no underlying settlement or adjudication and insurer did not misrepresent statute of limitations by requiring a claim “within 30 days” after repeated requests for medical bills and records were ignored and Plaintiffs could have obtained judgment against deceased tortfeasor’s estate even though family did not open an estate… Berg. [Read more…]
Comp exclusivity, trucking employee, PEO
COMP EXCLUSIVITY: Trucking company was immediate employer of employee assigned by PEO, entitled to comp exclusivity… unconstitutionality of PEO Act not proven… Townsend. [Read more…]
Sewage overflow, treatment “bypass,” CWA
SEWAGE OVERFLOW: City owed no legal duty to pump raw sewage into storm drains and river to prevent damage to residents’ property following massive rainstorm… “bypass” would have violated CWA, not justified by “unanticipated bypass” exception due to prior bypasses… Jones. [Read more…]
Insurance, cosmetics students’ emotional distress
INSURANCE: Summary dismissal reversed in light of Fisher Builders as to coverage under CGL policy for cosmetics students’ emotional distress from boorish behavior by instructors and expulsion after filing complaints… $4 million consent judgment… wrongful eviction claim properly rejected… Christensen affirmed, reversed (unpublished). [Read more…]
- « Previous Page
- 1
- …
- 19
- 20
- 21
- 22
- 23
- …
- 55
- Next Page »