TAXES: Religious schools tax credit unconstitutionality ruling stayed 2018 tax year… order. [Read more…]
Archives for January 2019
Railroad strict liability
RAILROAD LIABILITY: BNSF strictly liable for abnormally dangerous activity vis-à-vis hauling amphibole asbestos in Libby… evidence of Grace’s conduct admissible for background and context but not to negate liability… Eddy. [Read more…]
Information amendment, morning of trial
INFORMATION AMENDMENT: Morning of trial amendment changing date of failure to give notice of sex offender’s change of address by 7 months was substantive, not mere correction of “scrivener’s error,” improperly allowed, conviction reversed… McKeon reversed. [Read more…]
Dismissal with prejudice, subsequent amendment
DISMISSAL WITH PREJUDICE of health/campground charges following oral settlement precluded vacating or amending dismissal, no authority to order contract damages/attorney fees in criminal case… claim that dismissal should have been based on vindictive prosecution nonjusticiable… Langton reversed (IOR I-3(c)). [Read more…]
Sentencing, lack of remorse, “innocent” sex Defendant
SENTENCING: Brief mention of lack of remorse by Defendant who maintained innocence of sex abuse of daughter offset by extensive other reasons including video showing him placing camera in shower… Murnion affirmed (IOR 3(c)). [Read more…]
$40,000 settlement, ex parte with doctor/pharmacists
SETTLEMENT: $40,000, ex parte communications with doctor & pharmacists. [Read more…]
Ladder fall shoulder injury, competing medical opinions
Petitioner injured shoulder in ladder fall, giving more weight to treating orthopedist than IME occupational medicine physician, but denial was still reasonable in light of other factors… Sandler. [Read more…]
Settlements
Plan I
Duane Lapke, foot, 8/09, back, 4/11, multiple disputes as to certain medical and indemnity, $230,715 ($70,715 MSA) new money for all claims, stipulated judgment; Kim Schulke for Lapke, Morgan Weber for MMIA [Read more…]
Wrongful stock transfer, $1.1 million punitives
WRONGFUL STOCK TRANSFER: Order restoring converted stock constituted award of compensatory damages for purposes of determining punitives. . . institution acted with actual malice in allowing stock owner to unilaterally terminate co-tenant’s interest. . . $1.1 million punitives properly awarded. . . Larson affirmed. [Read more…]
Lead case against Grace’s comp insurer pre-trial rulings
LEAD CASE AGAINST GRACE’S COMP INSURER: Fact issues preclude summary judgment as to when Plaintiff knew he had ARD. . . MCC owed a duty of care to warn Zonolite and Grace of the hidden hazard of asbestos exposure, but fact issues exist as to whether it breached this duty to Plaintiff. . . Plaintiff who filed no comp claim has no common law insurance bad faith claim against MCC. . . MCC’s non-party (State, Grace) defenses precluded. . . other in limine rulings. . . Eddy. [Read more…]