SUPERVISORY CONTROL denied over delayed rulings by retired Judge Harkin… order. [Read more…]
Archives for 2017
Youth, rape of intoxicated girls, District Court
YOUTH accused of raping 2 intoxicated girls properly processed in District Court, but sentence should have provided for sentence review… Pinski affirmed, reversed. [Read more…]
Qualified immunity, detective bullying, suicide
QUALIFIED IMMUNITY: Detective entitled to immunity for allegedly bullying marijuana seller into suicide because law not clearly established at time of violation… Christensen reversed (unpublished). [Read more…]
Parental custody, deliberate indifference expert
PARENTAL CUSTODY: Expert testimony properly allowed as to deliberate indifference of State’s removal of child resulting in defense verdict… Christensen affirmed (unpublished). [Read more…]
Commodity trading contract, computerized system
COMMODITY TRADING CONTRACT: Defense judgment in computerized trading system reversed… dilatory Defendants properly denied leave to assert counterclaims… Haddon reversed, affirmed (unpublished). [Read more…]
Teacher termination, §1983, arbitration preclusion
TEACHER TERMINATION: §1983 procedural due process challenge of arbitration barred by claim preclusion and on the merits… Haddon affirmed (unpublished). [Read more…]
Social Security, rejection of treating physician
SOCIAL SECURITY: Inadequate explanation for rejecting treating physician… Lynch reversed (unpublished). [Read more…]
Indemnity, engineering of RR fuel unloading dock
INDEMNITY provisions of engineering agreement apply to engineering work on fuel unloading dock at Whitefish from which railroad employee fell, redress for injury shifted from engineering firm to railroad… judicial estoppel/admissions as to which year agreement applies, choice of law, definition of “renewal,” indemnity v. exculpatory vis-à-vis willful/negligent conduct, MCA 28-2-702 and 28-2-2111… Christensen. [Read more…]
Injured roofer, statutory employer, UEF
Construction contractor liable as statutory employer to reimburse UEF for injury of roofer hired by roofing contractor with no ICEC… Sandler. [Read more…]
Injury from jerking lug nut loose, penalty/fees
Petitioner suffered compensable injury from jerking lug nut loose, has not reached MMI, entitled to TTD/ medical from time of termination… insurer unreasonably terminated by disregarding uncontroverted medical evidence and taking inconsistent position… Sandler. [Read more…]
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