PROBATE: Probate Court lacks jurisdiction to adjudicate rights under a divorce succession contract but Petitioners have civil contract claim against PR… breach of settlement agreement by bequeathing ranch in contravention of separation agreement would be fraud by decedent, not fraud upon the Court… Spaulding affirmed. [Read more…]
Archives for 2019
Restitution, post-final judgment “clarification”
RESTITUTION: No jurisdiction to “clarify” final judgment to add $51,000 compound interest pursuant to DOC interpretation… Larson reversed (IOR I-3(c)). [Read more…]
Drugs, no medical marijuana during suspension
DRUGS: Card holder properly precluded from medical marijuana as condition of suspended sentence… constitutional challenges rejected… Cuffe affirmed (IOR I-3(c)). [Read more…]
$4,985,000 interpleader, MVA death/injuries
SETTLEMENT: $4,985,000 interpleader disbursements to 1 death and 2 injury claimants from insurer of train crew transportation entity, snowplow pass head-on MVA. [Read more…]
Settlements
Plan I
Amber Zundel, back, 6/16, 10/16, 9/17, Billings, MHN initiated all benefits due & owing, Petitioner underwent lumbar surgery, returned to work at TOI employer, voluntarily quit and moved to Oregon, disputes as to medical causation, unauthorized medical care, wage loss, $17,500 for all claims, stipulated judgment; Matt Tourtlotte for Zundel, Joe Maynard for MHN [Read more…]
Arbitration, indemnification of home security failure
ARBITRATION: Agreement to arbitrate indemnification/contribution of home security failure erroneously held invalid due to lack of mutuality or equitable unconscionability, does not contravene §703 single-case rule… R. McElyea reversed. [Read more…]
Elections, private AG fees for sheriff recount challenge
ELECTIONS: Successful sheriff candidate improperly denied private AG fees for challenge to recount procedures stipulated to by County and opponent… Bidegaray reversed. [Read more…]
Contract, remediation/replacement of burned home
CONTRACT for remediation and replacement of home destroyed by fire was not for construction of new residence, statutory general contractor requirements did not apply as to void contract… $191,876 expectancy damages properly awarded to remediation/reconstruction “manager” for owner’s termination of contract… Manley affirmed. [Read more…]
Supervisory control, vexatious litigant’s judge challenge
SUPERVISORY CONTROL: Vexatious litigant’s request for leave to file petition for supervisory control to vacate Rule 11 orders by Manley and seek his disqualification for alleged collusion in $20 million estate denied… order. [Read more…]
Rape/sex assault, failure to pursue child hymen report
RAPE/SEXUAL ASSAULT: Counsel not ineffective for failing to pursue medical report as to condition of child’s hymen or for strongly advising against testifying… postconviction petition properly denied… Berger affirmed. [Read more…]
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