TRUSTEE’S SALE: Indenture trustee not prohibited under STFA from delegating notice duties to agents (ND law firm and private process firm)… sale affirmed… Krueger affirmed. [Read more…]
Archives for November 2022
$2,850,000 settlement, Chamber Choices class action
SETTLEMENT: $2,850,000 settlement of Chamber Choices litigation including $950,000 fees for Class Counsel approved… Halligan. [Read more…]
Settlements
Plan I
Anthony Rodman, right leg, low back, 8/21, Albertsons, Hamilton, Albertsons accepted liability for low back strain, paid appropriate medical & indemnity, disputes as to nature, extent, compensability, sequela of claim-related conditions, whether Petitioner suffered wage loss, need for past, current, or future treatments, entitlement to additional benefits, $10,000 for all claims, stipulated judgment; Leslae Dalpiaz for Rodman, Thomas Harrington for Albertsons Companies [Read more…]
Subdivision, claim for statutory damages against County
SUBDIVISION: Claim for statutory damages against County for application denial not subject to 30-day limit under 2019 statute… §1983 complaint allegations improperly dismissed for failure to state claim… Larson reversed. [Read more…]
PSC, constitutional challenge to procedures
PSC: “As-applied” constitutional challenge to PSC’s procedures properly dismissed on justiciability grounds… Seeley affirmed. [Read more…]
Child abuse/neglect, foster parents intervention
CHILD ABUSE/NEGLECT: Abandonment correctly held to be a prerequisite for foster parent intervention pursuant to 1999 amendment displacing Rule 24… Souza affirmed. [Read more…]
Vaccination discrimination, HB 702 challenge
VACCINATION DISCRIMINATION: Preliminary injunction properly denied HB 702 challenger for failure to establish prima facie case of irreparable harm but “single-subject” issue not mooted by codification of bill… Rieger affirmed, reversed. [Read more…]
Assault with weapon, hearsay objections, time-served
ASSAULT WITH WEAPON: Conviction affirmed under harmless error analysis of hearsay objections… credit for time served improperly reduced by incarceration on another matter… Parker affirmed, reversed. [Read more…]
Sentencing, credit for time on another offense
SENTENCING: Credit improperly denied for incarceration on another offense… supervisory conditions improperly imposed on unsuspended sentence… Oldenburg reversed. [Read more…]
Punitives review, $30 million, vermiculite mill ARD
PUNITIVES REVIEW: $30 million punitives confirmed on top of $6.5 million compensatory damages for insurer’s failure to warn Defendant of ARD risk at Grace’s vermiculite mill in Bellwether Asbestos Court case… Parker. [Read more…]
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