DUI: Civil license reinstatement finding of “no reasonable grounds” to believe Defendant was DUI does not collaterally estop criminal DUI proceeding based on “particularized suspicion”… Swingley/Reynolds affirmed (IOR I-3(c)). [Read more…]
Archives for 2019
DUI, observance of improper right turn, expert
DUI: Officer’s claim of seeing improper right turn properly accepted over forensic engineer’s testimony… Seel/J. Brown affirmed (IOR I-3(c)). [Read more…]
Wind farm, preliminary injunction
WIND FARM: Preliminary injunction granted halting proposed 79.9 MW project on farm land pending trial… $50,000 cash bond allowed over request for $181 million… Oldenburg. [Read more…]
Modular home sale, acceptance, untimely revocation
MODULAR HOME SALE: Buyer accepted home, did not timely revoke acceptance (16 months after delivery in counterclaims)… Watters affirmed (memorandum). [Read more…]
Indians, tribal traffic stop, “seemed to be non-Native”
INDIANS: Tribal officer exceeded authority when he detained driver parked on federal highway on Reservation without having ascertained if he was an Indian (cannot presume that one is non-Indian (“seemed to be non-Native” — or Indian — based on appearance, status is political, not racial or ethnic)… meth/firearms properly suppressed based on exclusionary rule as applied to ICRA’s 4th Amendment counterpart… Watters affirmed (other grounds). [Read more…]
Insurance, condo building wind-damage UTPA rulings
INSURANCE: Pretrial rulings in condo building wind damage UTPA case… Johnston. [Read more…]
Expert disclosure, adequate only for fact witness
EXPERT DISCLOSURE: Inadequate disclosure precludes expert testimony at trial, but she is permitted to testify as a fact witness… Molloy. [Read more…]
Settlements
Plan I
Cory LaFarr, fingers, eyes, right shoulder, multiple, cervical, mild carpal tunnel, low back, 3/93, 4/09, 11/17, 2/18, 2/18, 11/18, 1/19, Weyerhaeuser, Columbia Falls, disputes as to entitlement to wage loss, nature & extent of injuries, need for future treatment, $130,000 for all claims, Weyerhaeuser will pay 100% of mediator’s billing statement, stipulated judgment; Kraig Moore for LaFarr, Charlie Smith for Weyerhaeuser [Read more…]
Attorney fees/costs, co-counsel splitting
ATTORNEY FEES/COSTS: Splitting arrangement properly resolved against lead counsel following settlement of med-mal legal malpractice case… McLean affirmed (IOR I-3(c)). [Read more…]
Insurance, aircraft passenger liability stacking
INSURANCE: Estate of decedent airplane passenger not entitled to stack 3 aircraft liability policies… certified question answered for Christensen. [Read more…]
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