MEDICAL MALPRACTICE claim by MSP inmate properly dismissed for failure to timely file expert disclosure on summary judgment without a hearing… Dayton affirmed (IOR I-3(c)). [Read more…]
Archives for June 2020
Smelter contamination, landowners’ restoration damages
SMELTER CONTAMINATION: Landowners’ claim for restoration damages relating to discharge of arsenic and lead remanded to District Court following US Supreme Court’s allowing claim with EPA approval… order. [Read more…]
Wages, DLI judgment enforcement service
WAGES: DLI not required to serve employer in accordance with Rule 4 when applying for enforcement of judgment pursuant to §39-3-212(1) but must give employer notice under a Rule 5(b) service alternative… petition for supervisory control treated as one for declaratory judgment. [Read more…]
Marital, wife/children move back to California
MARITAL: Wife properly allowed to move back to California with children, properly awarded maintenance, support, fees… Townsend affirmed (IOR I-3(c)). [Read more…]
Vehicular homicide, newly discovered reconstruction
VEHICULAR HOMICIDE: Ineffective assistance, exculpatory evidence, newly discovered reconstruction evidence claims properly rejected in postconviction challenge of vehicle/pedestrian conviction… Larson affirmed. [Read more…]
Restitution, burglary, joint & several
RESTITUTION: Defendant convicted of burglary of guest house wrongly ordered to pay for all losses resulting from burglaries of main house and garage/barn by associates jointly & severally… Christopher reversed. [Read more…]
Jury, child sexual assault, Border Patrol agent juror
JURY: Child sexual assault Defendant’s counsel not ineffective for not examining Border Patrol agent’s earlier statement of potential bias against criminal defendants or at least peremptorily striking him… Olson affirmed (IOR I-3(c)). [Read more…]
Postconviction, killer of husband and girlfriend
POSTCONVICTION claims by killer of estranged husband and his girlfriend properly rejected… Seeley affirmed (IOR I-3(c)). [Read more…]
Wrongful discharge, cable manager
WRONGFUL DISCHARGE: Fact issues preclude summary judgment as to whether cable manager who was fired after Facebook criticism of Governor was terminated for stated reasons of failing to meet purported 50% travel requirement and allowing an employee to perform unauthorized electrical work… recommendations by Cavan. [Read more…]
Libby Medical Program reimbursement
Cross motions for summary judgment on Libby Medical Program reimbursement issues denied, trial to be set… Sandler. [Read more…]
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