MUNICIPAL COURT APPEAL of cell phone conviction properly dismissed for failure of jurisdictional amount of fine… Parker affirmed (IOR I-3(c)). [Read more…]
Archives for 2020
Single Audit Act, State liability, claims against Browning
SINGLE AUDIT ACT: Plaintiffs alleging Browning mismanagement precluded from suing State for failure to enforce SAA, State cannot be held liable for debts or liabilities attributable to a local government… Reynolds. [Read more…]
Zoning, “affected property owners,” surface v. mineral
ZONING: “Affected property owners” in citizen petition process limited to surface owners, not mineral interest owners… Wald. [Read more…]
Revocation, 3 consecutive sentences for meth violation
REVOCATION: 3 consecutive sentences properly imposed for 2 meth violations of 1 term of supervised release… Lovell affirmed (memorandum). [Read more…]
Treating physician, medical liability, fees, jurisdiction
Treating physician, medical liability, Lockhart and §611 fees, §1101(2) constitutionality, jurisdiction issues resolved in favor of insurer… fact issues preclude summary judgment on penalty claim… Sandler. [Read more…]
Pre-MMI claim to invalidate subrogation lien
Petitioner may bring claim to invalidate subrogation lien before reaching MMI and while still receiving benefits… Sandler. [Read more…]
Settlements
Plan I
No lawyer
Millissa Garner, knee, 1/20, $13,500, medical closed
Mary McKenna, upper extremities, 3/19, $14,500 [Read more…]
Personal jurisdiction, Volkswagen pollution “tampering”
PERSONAL JURISDICTION: Supervisory control over Reynolds denied as to jurisdiction over Volkswagen parent companies in air pollution tampering case… order. [Read more…]
Work comp, 3% fire costs fee challenge not justiciable
WORK COMP policyholders’ challenge to 3% fee to offset state fire costs not justiciable after scheme’s termination… proposed claims against MSF and BOI members properly denied based on immunity… Larson affirmed. [Read more…]
Water, City’s protectable interest v. private utility
WATER: City’s water facility plan not a protectable interest which would preclude private utility from changing its place of use… DNRC/Rienne McElyea affirmed. [Read more…]
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