MEDICAL MALPRACTICE: Verdict that neurosurgeon was not negligent in obtaining informed consent by failing to inform L5-S1 fusion patient that he had financial interest in OptiMesh or in the way he performed the surgery affirmed… Todd affirmed. [Read more…]
Archives for October 2019
Water Use Act, no private right of injunction
WATER USE ACT does not provide private right of injunction, only entities and officials named in §85-2-114 may petition for judicial enforcement… R. McElyea affirmed. [Read more…]
Speeding stop expanded to DUI investigation
DRUGS/DUI: Speeding stop properly expanded to DUI investigation with dog sniff and search warrant which yielded paraphernalia and meth… motions to suppress and dismiss properly denied…. Laird affirmed (IOR I-3(c)). [Read more…]
Assault with weapon, holster under probationer’s coat
ASSAULT WITH WEAPON: POs’ claim of fear of injury from seeing holster under probationer’s coat and him sweeping back the side of his coat sufficient to convict, not necessary that gun be drawn… Information affidavit met less stringent probable cause standard… Newman affirmed (IOR I-3(c)). [Read more…]
Restitution, tricked SIWC victims’ pecuniary losses
RESTITUTION: 2005 order for restitution of tricked SIWC victims failed to include affidavits describing pecuniary loss, Judge Mizner failed to specify total amount of restitution obligation under 2003 statute… remanded for hearing… habeas granted… order. [Read more…]
Attorney fees/costs, $368,073, male sex discrimination
ATTORNEY FEES: $349,831.23 attorney fees (of $873,920 requested), $8,000 paralegal fees, $10,241.42 costs awarded for successful ($75,000) retaliation claim but unsuccessful sex discrimination claim by male university employee claiming unwanted touching by female supervisor… Reynolds. [Read more…]
Settlements
Plan I
Dennis Countryman, lungs, 5/17, disputed, $50,000, Dean Blackaby [Read more…]
New truck stop/casino public convenience/necessity
LIQUOR LICENSING: Public convenience & necessity established for new truck stop/casino at Ramsay over 94 protests… HE Laura Cunningham. [Read more…]
Marital, MVA-injured husband, property, maintenance
MARITAL: Challenge by husband injured in work-related MVA as to property division, denial of maintenance, attorney fees rejected… Deschamps affirmed (IOR I-3(c)). [Read more…]
Marital, original decree challenge waived by settlement
MARITAL: Challenge to original decree waived by mediated settlement on appeal… attempt to relitigate protective order precluded by previous appeal… Gilbert affirmed (IOR I-3(c)). [Read more…]