WATER: Summary judgment adjudicating BOR rights in Beaverhead Valley affirmed… Russ McElyea affirmed. [Read more…]
Archives for December 2021
Ineffective assistance, Oxycodone prescriptions
INEFFECTIVE ASSISTANCE claims relating to conviction for possessing Oxycodone purportedly obtained via valid prescriptions but taken in non-prescribed manner (crushed, heated, injected rather than by mouth) properly rejected… Reynolds affirmed (memorandum). [Read more…]
Sentencing, felony DUI surcharge, ability to pay
SENTENCING: Counsel sufficiently objected to $500 felony DUI surcharge by expressing that given Defendant’s bad leg he would have problems paying defender fee, not necessary to specifically object to each fee and cost… remanded to strike surcharge or conduct ability-to-pay inquiry… Halligan reversed. [Read more…]
Confrontation, 2-way video remote testimony
CONFRONTATION: Video testimony from Washington payor in bad check case violated Defendant’s right to face-to-face confrontation but the error was harmless as the jury was fully & fairly instructed on the law and presented with admissible evidence that proved the same facts as the tainted evidence proved… conviction affirmed… Deschamps affirmed. [Read more…]
SSD, claim of inability to work
SSD application based on claim of inability to work properly denied… Kilroy/Cavan affirmed (memorandum). [Read more…]
Work comp exclusivity, customer assault injuries
WORK COMP EXCLUSIVITY: Negligence/intentional tort claims by convenience store employee assaulted by customer and claiming physical and mental injuries survive judgment on pleadings in part, fail in part… Molloy. [Read more…]
Rule 59, emotional damages from theft of vehicle
RULE 59 motions by both sides following rejection of $62,750 emotional damages stemming from theft of vehicle from tire shop untimely, Plaintiffs’ motion for new trial to resurrect tactically dismissed NIED claim denied… Defendant’s motion converted to 60(b)(6) to allow amendment of judgment to only $2,278.43 bailment damages… Molloy. [Read more…]
Settlements
Plan I
Leona Kelly, right arm, 4/19, Deer Lodge Safeway, disputes as to causation, wage loss, medical, nature & extent of injury, need for future treatment, $7,500 for all claims, stipulated judgment; Leona Kelly, pro se, Charlie Smith for Albertsons Companies [Read more…]
Retaliation, county fair vendor application denial
RETALIATION: Claim that unsuccessful county fair vendor applicant was passed over for 2019 slot in retaliation for filing a discrimination claim against the County in 2015 rejected…. Administrative Decision, Caroline Holien. [Read more…]
Easement, transaction documents reformed to intent
EASEMENT: Transaction documents properly reformed to align with intent to reserve easement over existing road… Eddy affirmed (memorandum). [Read more…]
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