DEFAULT JUDGMENT: $5,364.50, death of dog in illegal trap… Halligan. [Read more…]
Archives for April 2021
SSD/SSI denial affirmed
SSD/SSI properly denied… Opp/Johnston affirmed (memorandum), [Read more…]
SSD/SSI denial reversed
SSD/SSI: Denial remanded for proper consideration of Applicant’s PTSD diagnosis and doctor’s treatment notes… Kelley/Lynch reversed (memorandum). [Read more…]
Medical licensing, Younger, 11th Amendment immunity
MEDICAL LICENSING: Challenge of license restriction for overprescribing narcotics rejected pursuant to Younger, 11th Amendment immunity… Molloy. [Read more…]
Settlements
Plan II
Brenden Leischner, back/face, 5/18, Riverside Const., Laurel, Arch accepted claims, paid all benefits due, disputes as to impairment, voc-rehab, wage loss, further treatment, $93,000 for all claims, stipulated judgment; Vincent Salminen for Leischner, Adrianna Potts for Arch Ins. [Read more…]
Wrongful discharge, mental health Program Manager
WRONGFUL DISCHARGE: Good cause to terminate mental health Program Manager for concerns about her conduct and client care, claim properly dismissed on summary judgment… Eddy affirmed. [Read more…]
Evidence/procedure, Rule 62.1 indicative, new evidence
EVIDENCE/PROCEDURE: Jurisdiction lacking over Rule 60(b) motion following notice of appeal… Rule 62.1 indicative motion properly denied as “new evidence” in boat shooting was inadmissible hearsay and not obtained with reasonable diligence… Recht affirmed. [Read more…]
Road easement, county v. private
ROAD EASEMENT: Road properly found to be private due to lack of public road by petition or prescriptive easement… Gilbert affirmed. [Read more…]
Road easement through subdivision
ROAD EASEMENT: Claim of easement through subdivision properly rejected… Ulbricht affirmed (IOR I-3(c)). [Read more…]
Sentencing, presumption of deferred, meth possession
SENTENCING: Presumption of deferred sentence for meth possession not overcome, suspended sentence improperly imposed… Cuffe reversed. [Read more…]