ATTORNEY DISCIPLINE: Public censure of Michael Horton in exchange for conditional admission relating to parenting representation. . . since resigned from bar. [Read more…]
Archives for 2018
Tax deed, mandamus v. quiet title
TAX DEED: Mandamus properly denied where quiet title action suffices for claim that tax deed should have issued. . . Wilson affirmed. [Read more…]
Marital, maintenance modification, attorney husband
MARITAL: Absent maintenance modification details in settlement agreement, modification properly denied unemployed corporate attorney under §40-4-208 “unconscionable” framework. . . wife properly awarded attorney fees for enforcement of agreement. . . Langton affirmed. [Read more…]
Youth in need of care, hearing time limits
YOUTH IN NEED OF CARE: Due process not violated by limiting/allocating time in adjudicatory hearing involving alleged sex abuse by father and false allegations by Mother . . . sufficient evidence that child suffered psychological abuse by Mother’s likely Factitious Disorder. . . Pinski affirmed. [Read more…]
Deliberate homicide, psychological rebuttal
DELIBERATE HOMICIDE: Supervisory control of H. Brown granted allowing State to present psychological rebuttal to Defendant’s expert as to mitigating circumstances pursuant to case law and notwithstanding §45-5-103 (1997) amendments making mitigated deliberate homicide no longer affirmative defense. [Read more…]
PFMA/jurisdiction/venue
PFMA/JURISDICTION/VENUE: Court’s jurisdiction/venue jurisprudence brought into line with overlooked 1967 amendments to 46-3-111(2): defendant waives right to object to county in which a charge is filed if he fails to object before 1st witness is sworn, but prosecution must prove proper jurisdiction at trial. . . Defendant did not timely object to county in which City filed PFMA charges and therefore waived venue objection. . . City failed to present any evidence as to where one of 2 PFMAs occurred and thus did not prove jurisdiction. . . 1 PFMA conviction affirmed, 1 reversed. . . Menahan affirmed, reversed. [Read more…]
Claimant who instigated fight with co-worker
Claimant who instigated fight with co-worker not entitled to TTD after termination from job. . . Sandler. [Read more…]
Medical benefits time-barred
Medical benefits time-barred under 2-year statute at §29-05(2). . . Sandler. [Read more…]
Settlements
Plan I
Laurie Nelson, left ankle, 8/05, Claimant’s physician Michael Botte opined that she had left foot conditions and left lower extremity neurological conditions unrelated to 8/05 ankle dislocation, based on §39-71-407(7) (objective medical findings), Claimant’s testimony, and medical opinions, MSGIA denied liability for all benefits related to left lower extremity neurological conditions and left foot conditions, $350,000 for all claims, stipulated judgment; Russell Plath for Nelson, Morgan Weber for MSGIA [Read more…]
Race discrimination/retaliation, Indian slurs
RACE DISCRIMINATION/RETALIATION: $91,180.16, offensive slurs by Indian’s supervisor, inadequate remedy after notice of discrimination, discharge in retaliation for complaint. . . numerous facts established as true as sanction for untimely disclosure of Employee Warning Notice. . . Caroline Hollien. [Read more…]
- « Previous Page
- 1
- …
- 18
- 19
- 20
- 21
- 22
- …
- 53
- Next Page »