CHILD ENDANGERMENT BY DUI: Defendant was entitled to DUI lesser-included instructions. . . conviction reversed. . . Reynolds reversed. [Read more…]
Archives for June 2018
Child endangerment, duty of care, intoxication
CHILD ENDANGERMENT: Conviction of mother who was alone with child while highly intoxicated after babysitter left affirmed. . . Bolstad/Kutzman affirmed (IOR I-3(c)). [Read more…]
Criminal forfeiture, Utah drug charges (other acts)
CRIMINAL FORFEITURE: Utah drug charges filed 9 months after Montana charges improperly admitted to prove that money seized in Montana case was intended for distribution of drugs. . . conviction reversed, remanded for new trial. . . Hayworth reversed. [Read more…]
$50,000 verdict, negligent cremation
VERDICT: $50,000, negligent cremation. [Read more…]
Marketing/sales agreement, JML
MARKETING/SALES AGREEMENT: JML improperly granted mid-trial on breach of contract by erroneous interpretation that Agreement lacked minimum purchase term and was modified by performance. . . spoliation sanctions properly denied. . . 2nd deposition of a witness properly conditioned on payment of attorney fees. . . no evidence of judicial bias, but Haddon might consider recusal on remand. . . Haddon reversed, affirmed (memorandum). [Read more…]
Failure to prosecute, dismissal of §1983 claims
FAILURE TO PROSECUTE: Dismissal of §1983 claims with prejudice too harsh, dismissal without prejudice more appropriate. . . Haddon reversed (memorandum). [Read more…]
Jurisdiction, parental termination claims
JURISDICTION: Parental termination claims properly dismissed pursuant to Rooker-Feldman. . . Morris affirmed (memorandum). [Read more…]
Notice of claimed injury, summary judgment denied
Summary judgment on notice of claimed injury denied. . . Sandler. [Read more…]
Settlements
Plan I
James Boyd, lower leg, 8/16, disputed PT, $72,500, Andrew Huppert [Read more…]
Attorney discipline, probation for alcohol problems
ATTORNEY DISCIPLINE: David Bjornson placed on probation for 10 years subject to conditions, publicly censured, following felony DUI. . . order. [Read more…]