WILL: Handwritten codicil properly interpreted as wish that son would get control of trucking company rather than specific devise of company shares to him… Moses affirmed. [Read more…]
Archives for September 2019
Lending breach, tax confusion, sub-tract mortgage lot
LENDING BREACH: Contract and tort claims stemming from tax confusion and bank’s payment of taxes for all of lot and increasing mortgage obligation to protect sub-lot collateral from tax lien sale properly dismissed on summary judgment… McElyea affirmed. [Read more…]
Easement, church access across neighbor’s property
EASEMENT: Access to church across neighbor’s property properly determined by resort to extrinsic evidence in light of ambiguous “Access” in “Access & Utility Easement Certificate” and plat diagram… attorney fees properly denied church… Allison affirmed. [Read more…]
Drug paraphernalia, syringe found in coat pocket
DRUG PARAPHERNALIA: Sufficient evidence that syringe in Defendant’s coat pocket was paraphernalia that Defendant intended to use to inject dangerous drugs… Bolstad/Kutzman affirmed (IOR I-3(c)). [Read more…]
Settlement breach, $23,273.83 fees/costs
SETTLEMENT BREACH: $23,273.83 fees/costs awarded for breach of settlement agreement by Plaintiff in 8-plex defects case filing new proceeding raising similar if not identical claims… Larson. [Read more…]
$5,766 verdict, cataract surgery lens error
VERDICT: Ophthalmologist malpractice, $5,766 cost of surgery and 2 pairs of glasses, admitted error as to proper lens power in 2nd cataract surgery. [Read more…]
Rule 11 sanctions, questionable tactics by both sides
RULE 11 SANCTIONS request by Defendants against Plaintiff in intellectual property case denied, both sides rapped for dog fight and questionable tactics… Molloy. [Read more…]
Settlements
Plan I
Christopher Doane, arm, 1/19, mine near Nye, Stillwater accepted liability, paid all benefits due & owing, Petitioner achieved MMI, 22% impairment assigned, job descriptions approved, disputes as to voc-rehab and out-of-state treatment, $110,000 for all claims, stipulated judgment; Jay Dufrechou for Doane, Joe Maynard for Stillwater Mining [Read more…]
Wages, exotic dancer, employment periods
WAGES: Duration and periods of exotic dancer’s on-and-off employment properly determined by WHU to allow claim for latest period only… Best affirmed. [Read more…]
Preliminary injunction, dissipation of assets
PRELIMINARY INJUNCTION properly issued enjoining dissipation of marital assets to protect alleged child sexual abuse victim’s potential monetary recovery… Lint affirmed (IOR I-3(c)). [Read more…]
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