JUDGE SUBSTITUTION time suspended during removal to federal court (1st impression)… Defendant had 10 days remaining of 30-day period following remand, motion improperly held untimely… Bidegaray reversed. [Read more…]
Archives for February 2020
Real estate, seller’s disclosure, agent’s knowledge
REAL ESTATE: Knowledge of seller’s disclosure of oil pit imputed to agent for statutes of limitations, claims time-barred… attempt to avoid performance of partnership purchase agreement properly rejected… Townsend affirmed. [Read more…]
Wrongful discharge, DOC probation Bureau Chief
WRONGFUL DISCHARGE claims by probation Bureau Chief properly rejected on summary judgment… Seeley affirmed. [Read more…]
Marital, ranch/inherited property, maintenance
MARITAL: Ranch and inherited property properly distributed so ranch could remain in husband’s family with wife receiving sufficient assets and maintenance to maintain standard of living consistent with husband’s… Moses affirmed. [Read more…]
Marital, property, support, attorney fees
MARITAL: Property, support, attorney fee issues properly resolved on remand following 2 prior appeals… Ulbricht affirmed (IOR I-3(c)). [Read more…]
Incest, failure to preserve witness, refusal to admit guilt
INCEST: No prejudice by counsel’s failure to preserve mother as witness as outcome would not have been different… no indication that sentence was largely based on refusal to admit guilt… Deschamps affirmed (IOR I-3(c)). [Read more…]
$1.49 million settlement, sex abuse by basketball coach
SETTLEMENT: $1.49 million, sex abuse by school basketball coach. [Read more…]
Insurer’s attorney’s work product, waiver
Insurer’s attorney waived work-product privilege by disclosing his work product to rehab provider hired in regular course of comp claim and who is not the insurer’s retained expert, but a non-retained, hybrid witness… insurer required to disclose requested email from attorney to rehab provider… 1st impression… sanctions denied… Sandler. [Read more…]
Job accident v. worsening spine condition
Job accident not proven to be cause of worsening lumbar spine condition… Sandler. [Read more…]
Settlements
Plan I
Naomi Mitchell, shoulder(s), 12/17, $65,000, Tommy Murphy [Read more…]
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