UNAUTHORIZED PRACTICE: LLC’s assignment of claims to member does not permit the non-lawyer member to sue on behalf of LLC (first impression)… member also lacks standing to assert LLC’s claims… Ohman affirmed. [Read more…]
Archives for March 2022
Unjust enrichment, “extra” excavation work
UNJUST ENRICHMENT properly rejected in bench trial of claim of “extra work” required by subcontractor excavator to complete mine buttressing as “benefit” of work was conferred on Mine not excavator… $54,187.50 fees properly awarded Defendant pursuant to oral contract between contractor and subcontractor… Wald affirmed (memorandum). [Read more…]
Discovery, baler bearing wildfire, closed claim files
DISCOVERY: Supervisory control of Best denied in baler bearing wildfire case as to compelling discovery of Deere’s closed claim files from 1993 to present along with Plaintiffs’ version of a protective order allowing them to share documents with attorneys in similar cases… order. [Read more…]
Zoning, large-scale water bottling plant in ag zone
ZONING: Large-scale water bottling plant properly held to be valid nonconforming use under agriculture zoning regulations… Allison affirmed. [Read more…]
Burglary, fence not accomplice for corroboration
BURGLARY: Fence was not an accomplice to burglars, his and other non-accomplice testimony sufficiently linked Defendant to burglaries… convictions affirmed… Christopher affirmed. [Read more…]
Parental interference, frustration of parenting
PARENTAL INTERFERENCE: Sufficient evidence to convict mother of frustrating father’s parenting time by taking child to grandfather’s home and frustrating deputy’s attempts to learn child’s whereabouts… Prosecutors have discretion to prosecute in lieu of enforcement through contempt… order to pay fine in installments does not preclude paying sooner to terminate deferred sentence early… McElyea affirmed (memorandum). [Read more…]
Prisoners, mandamus, fresh fruit, Fresh Life Church
PRISONERS: Mandamus to require DOC to provide fresh fruit at every meal and provide Fresh Life Church to MSP Low Side units denied as civil remedies are available… order. [Read more…]
SSD/SSI, remand ruling denying depression claim
SSD/SSI: Application properly denied on remand to consider how depression would affect RFC… extent of back pain properly discounted, Dupuytren’s Contracture properly not included in RFC… Johnston affirmed (memorandum). [Read more…]
Prisoners, alleged failure to protect from rival gang
PRISONERS: §1983 claims against MSP officials related to failure to protect from assaults by rival gang properly rejected on summary judgment… Johnston/Christensen affirmed (memorandum). [Read more…]
Malicious prosecution, attorney disorderly conduct
MALICIOUS PROSECUTION and numerous other claims against City and officers by attorney cited for barking dogs, disorderly conduct, misdemeanor assault stemming from obscenity laced screaming rant dismissed on summary judgment… Cavan/Watters. [Read more…]
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