PROTECTIVE ORDER: Harassment of ex-girlfriend via blog posts properly barred as stalking via “electronic communications,” not violative of free speech… Ulbricht affirmed (IOR I-3(c)). [Read more…]
Archives for 2017
DUI, 911 call, relayed observations
DUI: 911 call based in part on co-worker’s relayed observations sufficiently reliable… motion to suppress properly denied… Townsend affirmed. [Read more…]
Negligence, suicide after release from DUI
NEGLIGENCE: Claims against City and officers stemming from suicide of husband after taken to tribal jail for DUI investigation and then released to City officers who took him to girlfriend’s house where he shot himself dismissed on summary judgment… Larson. [Read more…]
Constitutional tort, defective yard hydrants
CONSTITUTIONAL TORT claim by water/sewer district against engineers of defective yard hydrants dismissed as “adequate alternatie remedies” are available under breach of contract/negligence theories… Jones. [Read more…]
Defense verdict, med-mal, screw into hip joint
VERDICT: Defense, med-mal, claim that timely lateral view x-rays in post-operative period following hip pinning would have revealed a screw penetrating into hip joint sooner, obviating need for hip replacement. [Read more…]
Defense verdict, UIM, rear-end MVA
VERDICT: Defense, $60,000 damages but $85,844 threshold UIM, rear-end MVA, neck/shoulder/knee. [Read more…]
Venue, “first-to-file,” anticipatory suit
VENUE: Transfer of organic wheat contract dispute from Montana to Oregon under first-to-file rule denied where “red flags” exist as to anticipatory suit in Oregon in apparent attempt to forum shop… Morris. [Read more…]
Settlements
Plan I
Linda Forkan, OD, $21,500 new money for all claims except medical reserved, stipulated judgment; Bernard Everett for Forkan, Morgan Weber for MMIA [Read more…]
Insurance, failure to disclose house flooding
INSURANCE: Insurer did not breach duty to defend seller for failure to disclose prior flooding under homeowner policy because of exclusion, did breach duty under post-closing renter policy on another house… consent judgment for $300,000 justified… Haynes reversed. [Read more…]
Comp exclusivity, MIGA employer reimbursement
COMP EXCLUSIVITY: Employer not required to reimburse MIGA for claims paid on behalf of insolvent comp insurer… Seeley affirmed. [Read more…]
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