ROBOCALL STATUTE not violative of free speech in protecting peace & tranquility of the home, §1983 claim dismissed on summary judgment. . . robocaller had standing to bring challenge, not barred by door-closing statute. . . Lovell. [Read more…]
Archives for 2018
Trip over dogs v. lifting bucket, employer statements
Admissibility of employer’s written statements recounting that Petitioner said she hurt her shoulder when she tripped over her dogs reserved for trial. . . Sandler. [Read more…]
Settlements
Plan I
Wayne Baker, lungs, 6/15, disputed, $45,000, Tom Lewis
Shawn Polen, spinal cord, 12/15, $30,000, Leslae Dalpiaz [Read more…]
Jurisdiction, MVA fatality, school employee
JURISDICTION: Tribal Court has personal and subject jurisdiction over MVA fatality involving School Dist. employee. . . John Robinson. [Read more…]
Work comp theft, “were they lying?”, $70.680.34
WORK COMP THEFT: Ineffective assistance claims including failure to object to Prosecutor’s “were they lying?” rejected. . . wage garnishment properly admitted as probative of motive to stage “accident”. . . $70,680.34 restitution for faked claim properly imposed. . . Seeley affirmed. [Read more…]
Aggravated assault, IPV future health risks
AGGRAVATED ASSAULT: ER physician’s testimony as to patient’s “verbal history” properly admitted as non-violative of confrontation rights and under Rule 803(4) hearsay exception as statement for purpose of medical treatment, including assessing future health risks for victim of the Intimate Partner Violence public health problem. . . conviction affirmed. . . J. Brown affirmed. [Read more…]
DUI, failure to provide Intoxylizer COBRA data
DUI: Due process not violated by failure to provide Intoxylizer COBRA data. . . motion to suppress test properly denied. . . Jenks/Larson affirmed. [Read more…]
DUI, failure to provide COBRA data access
DUI: Spoliation, due process claims for failure to make COBRA evidence accessible online rejected. . . Orzech/Larson affirmed (IOR I-3(c)). [Read more…]
Arbitration, “pushed out” of implement dealership
ARBITRATION: Individual asserting claims for being “pushed out” of implement dealership not bound by arbitration clause between dealership and company as to “disputes” between individual and company as opposed to “Disputes” between dealership and company. . . motion to compel arbitration denied. . . Deschamps. [Read more…]
$12,543,484.60 judgment against former AFB housing venturer
BENCH JUDGMENT: $12,543,484.60 against joint venturer in development of former Air Force base housing units. . . sheriff’s sale of properties ordered. . . Laird. [Read more…]
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