RESTITUTION: Embezzler failed to preserve objections to $9,313.75 claimed by Bank for investigating and assisting in prosecution (n addition to $7,103 stolen), not denied due process by lack of evidentiary hearing… Larson affirmed. [Read more…]
Archives for 2019
Preliminary injunction, flavored vape products
PRELIMINARY INJUNCTION against implementation of emergency rule banning flavored vape products denied, TRO dissolved… Lint. [Read more…]
Insurance, claims-made-and-reported policy
INSURANCE: Claim untimely reported or made under claims-made-and-reported policy… “notice-prejudice” rule not applicable to claims-made-and-reported policies… Cavan affirmed (memorandum). [Read more…]
Premature PTD claim involving multiple injuries
PTD claim based on sequelae of 3 injuries is premature for lack of evidence of MMI… TTD claim premature absent mediation… Sandler. [Read more…]
Settlements
Plan I
Virginia Montgomery, knee, 10/12, 3/13, 4/17, 6/18, 12/18, 1/19, Billings, MHN initiated all benefits due & owing, disputes as to wage loss, subsequent injuries, $22,500 for all claims, stipulated judgment; Lucas Wallace for Montgomery, Joe Maynard for MHN [Read more…]
Marital, “life partners” not common law spouses
MARITAL: Petitioner failed to establish that she and “life partner” established common law marriage… Berger affirmed. [Read more…]
Marital, same-sex couple common law spouses
MARITAL: Common law marriage properly found between same-sex couple with accompanying maintenance, child support, property division… part of Petitioner’s fees properly awarded despite no reasonableness hearing… Halligan affirmed. [Read more…]
Appellate procedure, $1,500 sanctions
APPELLATE PROCEDURE: Order denying appointment of GAL is not appealable final judgment… $1,500 sanctions imposed for causing Appellee to incur fees & expenses in complying with mediation requirements… order. [Read more…]
Robbery, evidence found in residence and truck
ROBBERY: Evidence found in residence and truck while in custody and after release from custody properly admitted… cell phone location records admitted in case-in-chief without phone company foundation harmless error… conviction affirmed… H. Brown affirmed. [Read more…]
Drugs, prolonged speeding stop after “free to go”
DRUGS: Speeding stop not unlawfully prolonged after Trooper said “free to go” followed by “I noticed a little bit of a smell” and passenger admitting having a joint… suppression properly denied… Halligan affirmed (IOR I-3(c)). [Read more…]
- « Previous Page
- 1
- 2
- 3
- 4
- …
- 45
- Next Page »