APPELLATE MEDIATION: Parties ordered to go back to mediator to attempt to resolve sticking point in Mutual Release prepared following mediation… order. [Read more…]
Archives for 2019
Appellate argument, asbestos Amicus time request
APPELLATE ARGUMENT: Court takes no position on request by Amicus to participate in asbestos case, parties may allocate time at their discretion… order. [Read more…]
Prisoners, “horrific treatment” of MSP mentally ill
PRISONERS: Claims of “horrific treatment” of mentally ill MSP inmates improperly dismissed for failure to state claim under 8th Amendment and §1983… refusal to revisit ruling when advised that it was based on the wrong case requires reassignment to different judge on remand… Haddon reversed. [Read more…]
Joinder, Montana representative, herbicide suit
JOINDER: Allegations against Montana representative of herbicide manufacturer sufficient to meet joinder standard, rep’s general denial of responsibility insufficient to establish fraudulent joinder… suit alleging non-Hodgkin Lymphoma from use of Roundup remanded to State Court, mooting Plaintiffs from MDL Panel set to rule on some 400 other cases… Morris. [Read more…]
Settlements
Plan I
Martin Cano, multiple, 11/18, disputed, $75,000, James Edmiston
Juan Maso, knee, 7/16, $60,000, Keil Duckworth [Read more…]
Res judicata, apartment complex mold claims
RES JUDICIA: General partners of apartment complex LLLP precluded by LLLP’s settlement of mold claims against builder from indemnity/contribution claims against builder in suit by tenants against apartment entities… exception for alleged agreement to split claims rejected… Deschamps affirmed. [Read more…]
County road, abandonment denial, writ of review
COUNTY ROAD: Writ of review challenging rejection of petition to abandon part of road blocked by gate properly denied… Langton affirmed. [Read more…]
Taxes, multi-national corporation, “water’s-edge” election
TAXES: Multinational corporation filing state income taxes under “water’s-edge” election entitled to 100% income exclusion for dividends under IRC 243, not just 80%… DOR/Reynolds reversed. [Read more…]
Sentencing, PFO statute amended after offense
SENTENCING: Defendant properly sentenced under 2015 PFO statute in effect at time of felony DUI rather than 2017 statute in effect at time of sentencing despite lack of explicit “savings clause”… Knisely affirmed. [Read more…]
Sentencing, 40 years at MSP, sexual assault of niece
SENTENCING: 40 years at MSP for sexual assault of young niece not based on family retribution, not cruel & unusual in light of possible maximum… Wilson affirmed (IOR I-3(c)). [Read more…]
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