APPEAL PROCEDURE: Rule 60(b) motion not prerequisite to appeal. . . motion to dismiss quiet title appeal denied (order). [Read more…]
Archives for January 2018
Appeal procedure, Rule 60(b) motion, marital
APPEAL PROCEDURE: Rule 60(b) motion not prerequisite to appeal. . . motion to dismiss marital appeal denied (order). [Read more…]
Habeas, sexual servitude of child prior to repeal
HABEAS denied Petitioner who committed sexual servitude of child prior to repeal of statute (order). [Read more…]
PFMA, Tribal Court conviction predicates
PFMA: Tribal Court convictions cannot be used to charge felony PFMA. . . Christopher reversed (order). [Read more…]
Defective yard hydrants, tort v. contract gravamen
DEFECTIVE YARD HYDRANTS: Gravamen of claims that hydrants violated plumbing cross-connection regulation sounds in tort, not contract, time-barred, no justiciable controversy to support declaratory judgment request. . . complaint dismissed with prejudice. . . Jones. [Read more…]
Release, oil/gas entity, $100,000 v. $2 million
RELEASE of interest in oil/gas entity to attorney/cpa in need of funds for $100,000 in hand as opposed to uncertain $2 million in future not unconscionable. . . Molloy affirmed (unpublished). [Read more…]
SSI
SSI claim properly denied. . . Lynch affirmed (unpublished). [Read more…]
Student attack, physical, mental-physical, mental-mental
No compensable physical “injury” by aide hit & pinched by special needs student. . . anxiety, depression, PTSD, pseudoseizures non-compensable mental-mental or mental-physical. . . Sandler. [Read more…]
Settlements
Plan I
Warren Luce, low back, 3/16, $40,000, Kenneth Thomas [Read more…]
Medical malpractice, dismissal, lack of expert
MEDICAL MALPRACTICE claims properly dismissed for lack of expert. . . Allison affirmed (IOR I-3(c)). [Read more…]
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