ARBITRATION: “Dispute” against tractor manufacturer by ousted dealer principal not incorporated in dealership agreement arbitration clause, motion to compel arbitration properly denied. . . Deschamps affirmed. [Read more…]
Archives for October 2018
Work comp, multiple IMEs constitutionality
WORK COMP: Constitutional challenge to §605 permitting insurers to obtain multiple IMEs properly rejected. . . McMahon affirmed. [Read more…]
Probate, default estate closure
PROBATE: PR’s motion to set aside default estate closure properly denied. . . Laird affirmed (IOR I-3(c)). [Read more…]
Aggravated assault, speedy trial, exculpatory evidence
AGGRAVATED ASSAULT/SEXUAL ASSAULT/ASSAULT ON OFFICER/ESCAPE/DRUGS: Claims relating to speedy trial (542 days), ineffective assistance, exculpatory evidence properly rejected. . . Salvagni affirmed (IOR I-3(c)). [Read more…]
Assault with weapon, speedy trial, sentencing
ASSAULT WITH WEAPON: Speedy trial claims involving timing of arrest, warrant for bond violations, and incarceration due to revocation of prior sentence properly rejected. . . sentencing rights not violated by anonymous jailhouse informant letter. . . 2 IT fees improperly imposed. . . Spaulding affirmed, reversed. [Read more…]
$1,141,000 settlement, failure to serve special ed student
SETTLEMENT: $1,141,000 ($925,000 for educational services, $35,000 damages, $181,000 attorney fees), alleged failure to serve special education student for 4 years including isolation in church basement. [Read more…]
Indians, sovereign immunity, terminated employee suit
INDIANS: Purchase of insurance by Tribal nursing home insufficient to waive tribal sovereign immunity against suit by terminated employee. . . individual Defendants also protected. . . Watters. [Read more…]
Settlements
Plan I
No lawyer: John Lee, wrist, 18, $800, med res; Lawrence Moran, wrist, 03, disp, $1,500 [Read more…]
Tampering, detective framed for staged arson
TAMPERING: Defendant’s prior involvement with Detective whom he was accused of framing for staged arson properly admitted for context. . . convictions for tying door shut and planting knife with detective’s name “included” in each other, counsel ineffective for failing to raise multiple conviction statute resulting in 2 sentences of 10 years each instead of 1, remanded for re-sentencing. . . Jones affirmed, reversed. [Read more…]
Incest, “sexual contact” “humiliate, harass, or degrade”
INCEST: Challenge of “humiliate, harass, or degrade” in “sexual contact” statute and instruction as unconstitutionally vague waived by failure to raise until day after trial when juror expressed concern about being misled. . . statutory 100 years with no parole for 25 years for incest with minor proper based on finding that “the ultimate protection of the victim and society” exception not applicable. . . judgment improperly imposed 2 consecutive sentences by default when pronouncement imposed concurrent. . . Cybulski affirmed, reversed. [Read more…]