EMPLOYMENT ACCOMMODATION: $231,134.16, failure to provide reasonable accommodations to ultrasound technician as result of non-work shoulder injury… Administrative Decision… Chad Vanisko. [Read more…]
Archives for April 2021
Officer shooting death, defense verdict
OFFICER SHOOTING DEATH: Defense verdict in “suicide by officer” case affirmed… Dayton affirmed. [Read more…]
Easement/attorney fees, rescission of fee award
EASEMENT/ATTORNEY FEES: No error in sua sponte ordering easement claimants to survey metes & bounds in 1987 easement grant to clarify location of easement in relation to post-judgment dispute, but error to not clarify the 2016 judgment and easement on motion for clarification in accordance with law of the case established in first appeal and error to rescind 2016 fee award because 1987 easement and related 2016 judgment determined to be “useless” and deny fees incurred in defending 2016 judgment in first appeal as “necessary & proper” declaratory relief… no fees for this appeal of motion to enforce declaratory judgment… Cybulski affirmed, reversed. [Read more…]
Auto/pedestrian defense verdict rehearing denied
AUTO/PEDESTRIAN: Rehearing denied as to Opinion affirming mid-block auto-pedestrian defense verdict… order. [Read more…]
Guardianship, grandparents, deceased father
GUARDIANSHIP: Paternal grandparents properly appointed temporary guardians/conservators of children pursuant to consent of mother and best interests of children notwithstanding deceased father’s testamentary appointment of new wife… Gilbert affirmed. [Read more…]
$754,000/$263,900 settlement, OKS Claimants
SETTLEMENT/FEES: $754,000/$263,900 settlement by OKS Claimants, 1/3 contingency for Odegaard Kovacich Snipes… Eddy [Read more…]
$4,900,000/$1,470,000 settlement, Libby Mine Claimants
SETTLEMENT/FEES: $4,900,000/$1,470,000 settlement, 1/3 contingency for McGarvey Law… Eddy. [Read more…]
Sentencing, Stolen Valor, shaming signboards
SENTENCING: Probation conditions for Stolen Valor Defendants to wear signboards at Veterans Memorial stricken on State’s concession… Pinski reversed (order). [Read more…]
Sentencing, tier level for failure to register
SENTENCING: Tier level improperly imposed for failure to register as sex offender… Todd reversed (order). [Read more…]
Incest, prior “playing horsey” accusation
INCEST: 5-year-old’s statement that she saw her mother and mother’s boyfriend “playing horsey” properly rejected in Mazurek hearing as prior accusation of sexual misconduct… father’s conviction in re-trial affirmed… Kutzman affirmed (memorandum). [Read more…]