ELECTIONS: Full opinion explaining prior affirmance of removal of Green Party from 2018 ballot… pro hac vice admission for 8th time improperly summarily granted, but not reversible error… Reynolds. [Read more…]
Archives for 2019
Insurance, settled MVA verdict, 2nd bite at apple
INSURANCE: MVA Plaintiff who won $10,000 verdict and then settled with tortfeasor’s insurer for $50,000 liability limit with stipulation to vacate and dismiss with prejudice not entitled to 2nd bite at apple on damages, but may pursue UTPA claims to the extent they do not require relitigation of underlying damages, UIM only triggered if damages exceed $50,000… Menahan. [Read more…]
Work comp privacy, alleged ex parte communications
WORK COMP PRIVACY: No constitutional tort in communications by County employee comp adjuster and contract nurse with treating physician and pharmacist on which injured Deputy bases claim of privacy breach… feeling disappointed and upset at not having opportunity to participate in discussions not compensable detriment or injury… summary judgment for Defendants… settled for $40,000 in appellate mediation… Halligan. [Read more…]
Shared mall parking lot, grocery’s worksite
Area of shared parking lot at mall was part of grocery’s worksite, baker’s injury while returning from break in car within course & scope… denial reasonable as issue was unsettled despite withdrawn 2006 WCC ruling… Sandler. [Read more…]
Settlements
Plan I
William Wade, multiple, 8/13, $82,000, medical closed, Matthew Braukmann [Read more…]
Religious schools tax credit, stay
TAXES: Religious schools tax credit unconstitutionality ruling stayed 2018 tax year… order. [Read more…]
Railroad strict liability
RAILROAD LIABILITY: BNSF strictly liable for abnormally dangerous activity vis-à-vis hauling amphibole asbestos in Libby… evidence of Grace’s conduct admissible for background and context but not to negate liability… Eddy. [Read more…]
Information amendment, morning of trial
INFORMATION AMENDMENT: Morning of trial amendment changing date of failure to give notice of sex offender’s change of address by 7 months was substantive, not mere correction of “scrivener’s error,” improperly allowed, conviction reversed… McKeon reversed. [Read more…]
Dismissal with prejudice, subsequent amendment
DISMISSAL WITH PREJUDICE of health/campground charges following oral settlement precluded vacating or amending dismissal, no authority to order contract damages/attorney fees in criminal case… claim that dismissal should have been based on vindictive prosecution nonjusticiable… Langton reversed (IOR I-3(c)). [Read more…]
Sentencing, lack of remorse, “innocent” sex Defendant
SENTENCING: Brief mention of lack of remorse by Defendant who maintained innocence of sex abuse of daughter offset by extensive other reasons including video showing him placing camera in shower… Murnion affirmed (IOR 3(c)). [Read more…]
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