DUI: Due process not violated by failure to provide Intoxylizer COBRA data. . . motion to suppress test properly denied. . . Jenks/Larson affirmed. [Read more…]
Archives for February 2018
DUI, failure to provide COBRA data access
DUI: Spoliation, due process claims for failure to make COBRA evidence accessible online rejected. . . Orzech/Larson affirmed (IOR I-3(c)). [Read more…]
Arbitration, “pushed out” of implement dealership
ARBITRATION: Individual asserting claims for being “pushed out” of implement dealership not bound by arbitration clause between dealership and company as to “disputes” between individual and company as opposed to “Disputes” between dealership and company. . . motion to compel arbitration denied. . . Deschamps. [Read more…]
$12,543,484.60 judgment against former AFB housing venturer
BENCH JUDGMENT: $12,543,484.60 against joint venturer in development of former Air Force base housing units. . . sheriff’s sale of properties ordered. . . Laird. [Read more…]
SSD denial
SSD denial affirmed. . . Lynch affirmed (unpublished). [Read more…]
Montana employee, “extraterritorial” Texas injury
Montana worker temporarily left Montana incident to his employment and was injured in Texas in course of his employment, entitled to benefits under §39-71-402(1)(a) extraterritorial statute. . . attorney fees/penalty denied. . . Sandler. [Read more…]
Settlements
Plan I
Terri Scarbro, Guilain-Barre Syndrome, 1/15, Food Service Technician, Benefis Hospital, Benefis accepted claim, initiated wage loss/medical, paid whole person impairment, Petitioner contends she is unable to return to regular employment and is entitled to PTD, Benefis contends she is capable of returning to medically approved part-time sedentary employment and is not PTD, $148,000 for all claims except reserving open medical benefits, stipulated judgment; Tommy Murphy for Scarbro; Andrew Adamek for Benefis Health System [Read more…]
Discrimination, fragrance sensitive jailer
DISCRIMINATION claims by jailer with fragrance sensitivity properly rejected on summary judgment. . . Halligan affirmed. [Read more…]
Marital, contempt, decree modification
MARITAL: Contempt and decree modification orders affirmed. . . Ulbricht affirmed (IOR I-3(c)). [Read more…]
Dynamite instruction, rape Defendant
DYNAMITE INSTRUCTION properly given deadlocked jury. . . Norquay-Allen reaffirmed. . . rape conviction following prior deadlocked mistrial affirmed. . . Fagg affirmed. [Read more…]