MARITAL: Apportionment of estate of insurance company executive and wife with interests in family beer & wine distributorship and child support affirmed and reversed… adoption of husband’s findings & conclusions not grounds for new trial… Menahan affirmed, reversed. [Read more…]
Archives for September 2022
Elections, student ID, no same-day registration
ELECTIONS: SB 169 (student ID insufficient to vote) and HB 176 (no election day registration) properly preliminarily enjoined… Moses affirmed. [Read more…]
Revocation, futile additional incentives/interventions
REVOCATION: Original 10 years for felony theft properly imposed based on determination that Defendant would not be responsive to additional incentives & interventions… Defendant entitled to credit for 335 days elapsed time… Abbott affirmed, reversed. [Read more…]
$6 million verdict, med-mal, stroke
VERDICT: $6 million, med-mal, failure to timely prescribe tPA “clot-buster” for stroke patient. [Read more…]
Settlements
Plan I
Lance Salois, multiple, 5/17, $90,000, Tom Murphy [Read more…]
Sex abuse of children, sexual exhibition for phone bill
SEX ABUSE OF CHILDREN: Conviction of texting stepdaughter to engage in sexual exhibition in exchange for paying phone bill and 100-years sentence affirmed… Harada affirmed. [Read more…]
Rape, alleged fabrication to avoid revocation
RAPE: Evidence purporting to show that accuser was motivated to fabricate to avoid jail for violating conditional release properly excluded… Defendant properly limited in attempt to impeach accuser about leniency she allegedly received on pending DUI in another county… disqualification of entire county attorney office due to meritless claim that CA had confidential information from representing Defendant in 2011 properly denied… conviction affirmed… Christopher affirmed. [Read more…]
Youth, consent decree guilt admission
YOUTH: Youth Court erroneously concluded that the consent decree guilt admission required by §41-5-1501(2) constitutes or requires a change of answer under §1502(8), thus effecting a delinquency adjudication… Parker reversed. [Read more…]
$1,022,257.85 verdict, negligent insurance procurement
VERDICT: $1,022,257.85, negligent insurance procurement, failure to list general contractor as additional insured on subcontractor engineer’s CGL policy resulting in no coverage for litigation involving settlement (sinking) of condo under construction. [Read more…]
Indians, cross-deputization challenge, traffic stop
INDIANS: Challenge to cross-deputization agreement by Indian arrested by State Trooper on Fort Peck Reservation properly rejected… suppression of firearms seized in traffic stop properly denied… Morris affirmed. [Read more…]