INSURANCE: Efficient proximate cause of loss from collapsed deck was repeated seepage or leakage of water over extended time, an excluded peril. . . coverage denial reinforced by anti-concurrent clauses clause. . . Molloy. [Read more…]
Archives for 2018
PTD for 1997 injury after retirement age, waiver
Petitioner waived right to PTD after retirement age for 1977 injury by his declarations and conduct including accepting PTD at 1983 rate for nearly 13 years. . . Sandler. [Read more…]
Settlements
Plan I
Edwin Weekly, cervical, 9/01, Plum Creek accepted liability, paid indemnity/medical, indemnity settled in 2003 for $31,092 (Gary Crowe, attorney), disputes as to payment of medical benefits including use of lasers as it pertains to acceptability under Utilization & Treatment Guidelines, $62,000 new money full & final ($22,596 MSA), Alex Evans for Weekly, Todd Hammer for Plum Creek [Read more…]
Testamentary trust, anti-lapse statute
TESTAMENTARY TRUST: Anti-lapse statute not applicable to ranch Trust which clearly provides contrary intent, not necessarily equal distribution to children and grandchildren. . . Hayworth affirmed. [Read more…]
Attorney fees/costs, aborted town officers recall
ATTORNEY FEES/COSTS properly denied town officers in aborted recall action. . . Bidegaray affirmed. [Read more…]
Attorney discipline, interim suspension for felony DUI
ATTORNEY DISCIPLINE: Interim suspension of David Bjornson for felony DUI stayed on conditions (order). [Read more…]
Attorney discipline, failure to reimburse fees, history
ATTORNEY DISCIPLINE: Brian Kohn suspended for at least 7 months for failure to reimburse fees and his disciplinary history (order). [Read more…]
Right to know, $1.6 million police judgment documents
RIGHT TO KNOW: Blanket challenge to attorney-client and work-product privilege assertions insufficient to compel disclosure of documents related to $1.6 million policeman judgment. . . Moses affirmed. [Read more…]
Sentencing, DUI Defendant’s ability to pay future costs
SENTENCING: Details of felony DUI Defendant’s ability to pay costs of imprisonment, probation, alcohol treatment as condition of suspended part of sentence properly deferred to DOC. . . Haynes affirmed. [Read more…]
Sexual harassment, gravamen, allegations against officer
SEXUAL HARASSMENT: Gravamen of dispatcher’s allegations against officer of repeated and unwanted sexual advances sound in discrimination rather than tort, HRA provides the exclusive remedy. . . dismissed for failure to exhaust HRA. . . Berger. [Read more…]
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