COLLECTION & FORECLOSURE properly granted to wife’s LLC for loans to husband in annulled marriage with pre-nup referencing joint business venture. . . Allison affirmed (IOR I-3(c)). [Read more…]
Archives for 2019
Wrongful discharge v. settlement, Public Works Director
WRONGFUL DISCHARGE claim by Public Works Director precluded by $30,339.84 and resignation settlement agreement. . . Parker affirmed (IOR I-3(c)). [Read more…]
Subdivision covenants, assisted living in home
SUBDIVISION COVENANTS: No abuse of discretion denying preliminary injunction against proposed assisted living facility in residence pending determination of merits . . . Larson affirmed (IOR I-3(c)). [Read more…]
Parental rights, Father’s right to counsel
PARENTAL RIGHTS: Father not notified of right to counsel in adoption proceeding brought by step-father, did not waive right. . . paternal great-grandparents’ interests not addressed. . . Harris reversed. [Read more…]
$8,810,785 settlements with State
SETTLEMENT: $7,310,785.42 to 336 MHSL Libby Mine asbestos Claimants against State with contingent $2,030,936.19 dependent on result of litigation between State and its insurer. . . $1,250,000 to 49 KS Libby Mine Claimants with contingent $400,000. . . $250,000 for individual claimant with no insurer contingency. . . 33% and 33-1/3% contingent attorney fees approved. . . Eddy. [Read more…]
Judge substitution, called-back judge, postconviction
JUDGE SUBSTITUTION of retired/called-back McLean properly denied in postconviction proceeding of deliberate homicide Defendant where McLean had presided over trial and sentencing. . . supervisory control denied . . . order. [Read more…]
Drugs, contact with road rage motorcyclist
DRUGS: Particularized suspicion properly found to make contact with motorcyclist standing by his motorcycle at pub based on road rage report, drugs found in pocket in search incident to arrest on outstanding warrant properly seized. . . Ulbricht affirmed (IOR I-3(c)). [Read more…]
DUI, presumption of regularity of prior DUIs
DUI: Presumption of regularity of prior DUIs insufficiently rebutted based on court records. . . Reynolds affirmed (IOR I-3(c)). [Read more…]
Settlements
Plan I
Richard Vinson, ARD, Champion International through 10/31/93, successor International Paper denies claims, disputes include whether Vinson was exposed to asbestos in work setting and/or which employer may be liable for claimed OD, $59,000 ($20,000 for impairment, $20,000 for future domiciliary, $19,000 for past & future medical, 0 MSA) for all claims, stipulated judgment; William Blackaby for Vinson, Leo Ward for IP [Read more…]
Foreclosure, notice of sale, address of record
FORECLOSURE: Trustee not required to give sale notice to party to Easement Agreement providing water from foreclosed parcel because address did not appear of record pursuant to STFA. . . Langton affirmed (IOR I-3(c)). [Read more…]