ENVIRONMENT: Expired 1992 BHES order erroneously relied on in 2017 renewal of mine discharges permit… Seeley affirmed. [Read more…]
Archives for November 2020
Attorney discipline, Jennifer Webber suspended
ATTORNEY DISCIPLINE: Jennifer Webber suspended… order. [Read more…]
Attorney discipline, Patrick Sandefur, COP admonition
ATTORNEY DISCIPLINE: Patrick Sandefur disciplined by COP admonition for delays in responding to client grievances (which were dismissed), not suspended for 30 days as recommended by COP… order. [Read more…]
Incest, failure to remove biased panelist
INCEST: Plain error review declined in challenge of failure by since-deceased attorney and Judge to remove panelist who acknowledged that his nephew’s sexual assault conviction would make it hard to be impartial… Berger affirmed (IOR I-3(c)). [Read more…]
Insurance, discovery, house counsel turned adjuster
INSURANCE: House counsel who “assisted” adjuster waived attorney-client/work-product privileges, is subject to discovery and deposition… Todd. [Read more…]
CJA reimbursement, deceased Defendant
CJA REIMBURSEMENT order is a final order not dependent on deceased’s conviction, is beyond application of the abatement ab initio rule… first impression… Molloy affirmed. [Read more…]
Settlements
Disability discrimination, service dog proof
DISABILITY DISCRIMINATION: Claim stemming from refusal to allow in bar without proof that dog is service animal dismissed for discovery disruption/obstruction… Caroline Holien. [Read more…]
Easement, breach by hunting violation, outside access
EASEMENT: Agreement breached by hunting violation, access of land outside easement… claims to private and public prescriptive easements properly rejected… fees properly awarded pursuant to agreement… unconscionability claim not preserved for appeal but undermined by arguments… Berger affirmed. [Read more…]
Easement, interpretation/clarification of 2014 judgment
EASEMENT: Rules 59-60 correctly found not to apply to 2018 motion for interpretation/clarification of 2014 judgment in ranches’ easement dispute… but 2014 judgment incorrectly found ambiguous on its face or effect… but judgment nonetheless imprecise/uncertain warranting interpretation/clarification… but judgment misinterpreted and thus erroneously altered/amended… remanded for amended judgment in accordance with Supreme Court’s interpretation/clarification… Wilson affirmed, reversed. [Read more…]