MEDICAL MARIJUANA: Preliminary injunction properly granted allowing continued operation pending litigation on compliance with zoning regulations… Eddy affirmed (memorandum). [Read more…]
Archives for October 2022
Rape, prior intoxicated sex, Rape Shield
RAPE: Text expressing frustration at having sex while intoxicated twice before with boyfriends properly excluded under Rape Shield… conviction of sex with intoxicated woman affirmed… Rienne McElyea affirmed. [Read more…]
Drugs, social media sting
DRUGS: Entrapment not established as matter of law in social media sting by drug agent, motion to dismiss meth charge properly denied… Rieger affirmed. [Read more…]
Deliberate homicide, speedy trial, jury selection, COVID
DELIBERATE HOMICIDE: Speedy trial and jury selection challenges properly rejected in light of COVID circumstances… Marks affirmed. [Read more…]
Plea withdrawal, fear of perjury being added to PFMA
PLEA WITHDRAWAL to PFMA properly denied despite Defendant’s “misunderstanding” of Judge’s “improvident” comment as suggesting that he could be charged with perjury in the same trial if he did not plead guilty… McMahon affirmed (memorandum). [Read more…]
HOA water, HOA’s v. homeowners’ fault, IIED/NIED
HOA WATER: Failure to disclose experts fatal to claim that HOA was responsible for water failure on newly purchased property or whether the system on the property itself caused the failure, as well as to IIED/NIED claims… Marks. [Read more…]
SS Disability, 100% VA disabled veteran
SS DISABILITY: 100% VA disabled veteran improperly denied SSD… remanded for immediate award of benefits… Kilroy reversed… Morris. [Read more…]
$59,525 net verdict, massage therapist retaliation
VERDICT: $64,000 to resort massage therapist for retaliation and wrongful discharge stemming from objecting to male clients wanting “something more”… Defense verdicts as to disability and sex discrimination and punitives and $4,475 on counterclaim for Plaintiff’s breach of loan. [Read more…]
Settlements
Plan I
Robert Staples, right hand/wrist, 6/20, Sletten Const., disputed liability, $80,000 for all claims including any RSD or CRPS type condition and treatment or tests ordered by Dr. Schabacker but medical otherwise reserved, stipulated judgment; Russell Plath for Staples, Kelly Wills for MCCF [Read more…]
Petroleum release fund, fees, costs, unjust enrichment
PETROLEUM TANK RELEASE COMP FUND: County’s request for attorney fees, costs, interest, unjust enrichment damages statutorily prohibited despite being “prevailing party”… Menahan affirmed. [Read more…]
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