EASEMENT: Legion post properly found to have implied easement by preexisting use to access park dedicated in 1944 “for returning servicemen and the public” against challenge by surrounding ranch… fees improperly awarded without reasonableness hearing… Cybulski affirmed, reversed. [Read more…]
Archives for July 2022
Arbitration, $597,778.23, mining facility subcontract
ARBITRATION: $597,778.23 award for breach of mining facility subcontract is in form a proper “reasoned award,” improperly vacated… subcontractor entitled to fees incurred in District Court and on appeal pursuant to PPA… Brown reversed. [Read more…]
Insurance, UTPA “dual-insured” defense verdict
INSURANCE: Defense verdict on UTPA claims handling of MVA “dual-insured loss” affirmed over argument that Plaintiff was prejudiced by exclusion of global settlement amounts… McLean affirmed. [Read more…]
Traffic stop, driver not subject of warrant, meth
TRAFFIC STOP not unlawfully prolonged by asking for driver’s papers even after learning that he was not the subject of the warrant associated with the truck because requesting papers fell within the “mission” of the stop… search warrant which yielded meth properly supported by field tests, dog sniff, and evidence from previous controlled buy out of same truck… meth/firearm convictions affirmed… Morris affirmed (2-1). [Read more…]
False statements in report to PO not “judicial exception”
FALSE STATEMENTS in report to a PO do not constitute false statements to a judge that would invoke the “judicial proceeding exception” to the sweeping prohibition against lying to the Federal Government… supervised release properly revoked for lying in report… Molloy affirmed. [Read more…]
Settlements
Plan I
Shannon Parsons, multiple, 2/21, $50,000, Leslae Dalpiaz [Read more…]
Criminal Contempt, Judge charging and trying Clerk
CRIMINAL CONTEMPT improperly charged by Judge (not Prosecutor) against Tribal Court Administrator/Clerk, tried by same Judge, $100 fine levied in personnel matter… Chief Judge Coffee reversed… order. [Read more…]
Insurance, Earth Movement Exclusion, home damages
INSURANCE: Earth Movement Exclusion unambiguously precludes coverage for homeowners’ claims against developer for damage caused by settlement of soil under/around homes regardless of natural v. human-made cause… Todd reversed. [Read more…]
Class certification, jail strip searches
CLASS CERTIFICATION approved for claims of improper strip searches of misdemeanant jail detainees… Abbott affirmed. [Read more…]
Attorney discipline, stay pending criminal case
ATTORNEY DISCIPLINE: Proceedings against Meghan Doud for alleged trust accounts and client charges improprieties stayed pending criminal case in which she intends to plead the 5th… Doud is suspended during the interim… COP order. [Read more…]
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