Plan I
Heather Mittan, low back, 7/16, $46,712, med reserved, Stacy Tempel-St. John [Read more…]
Archives for 2018
Open meetings, teacher termination hearing
OPEN MEETINGS: School Board wrongly closed hearing part of teacher termination meeting based on unspecified 3rd-party privacy. . . wrongly excluded teacher and union rep from “executive session” under litigation strategy exception for counsel to explain previously filed discrimination complaint. . . Cybulski reversed. [Read more…]
Medicaid, incontinence supply orders
MEDICAID: Physician affidavits correctly held not to cure technical violations of incontinence supply orders, DPPHS entitled to $670,152 reimbursement. . . whether 2- or 8-year statute applies is irrelevant as DPHHS did not “commence an action” for recovery by filing a complaint . . . Frankino/Pinski affirmed, reversed. [Read more…]
Class action, “impact fees” consent decree remainder
CLASS ACTION: Disposition of $227,000 remaining from $5 million consent decree requiring refunds to parties who had paid City “impact fees” properly resolved. . . Cybulski affirmed. [Read more…]
Attorney discipline, Federal Court filing
ATTORNEY DISCIPLINE: Tina Morin to receive public COP admonition for Federal Court filing (order). [Read more…]
Parenting, husband’s move 300 miles away
PARENTING: Husband’s move 300 miles away constitutes changed circumstance warranting hearing as to amendment of parenting plan. . . Townsend reversed. [Read more…]
Parental termination/Indians, tribal determination
PARENTAL TERMINATION/INDIANS: Rights improperly terminated without conclusive tribal determination of child’s status as Indian child. . . Kutzman reversed. [Read more…]
Parental termination, parents’ drug tests
PARENTAL TERMINATION: Parents’ drug tests improperly admitted through CASA, but harmless error as termination still warranted for failure to complete treatment plans. . . Olson affirmed. [Read more…]
Aggravated assault/no-contact
AGGRAVATED ASSAULT/NO-CONTACT: No-contact violation not properly charged under §45-5-209 including notice requirement, conviction reversed. . . Prosecutor improperly informed jury that its “job” was to make sure victim was safe and has control returned to her which it can do by finding Defendant guilty of aggravated assault, but in context of entire argument was not plain error warranting new trial. . . Halligan reversed, affirmed. [Read more…]
Collateral attack of rape sentence
COLLATERAL ATTACK of rape conviction by civil suit barred by collateral estoppel. . . Dayton affirmed (IOR I-3(c)). [Read more…]
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