SSD: ALJ erred in considering Plaintiff’s drug use in conducting initial 5-step inquiry… determination of severity of mental impairments not supported by the evidence… Kelley reversed… Cavan. [Read more…]
Archives for 2022
Defense verdict, wrongful arrest
VERDICT: Defense, wrongful arrest. [Read more…]
Settlements
Plan I
Ronald Burchett, skull, right shoulder, neck, low back, 11/19, near Nye, Stillwater initiated all benefits due & owing, MMI achieved, impairment assigned, restrictions imposed, Petitioner returned to work, disputes as to ongoing medical care and ability to continue working, $100,000 for all claims, stipulated judgment; Greg Overturf for Burchett, Joe Maynard for Stillwater Mining [Read more…]
Vaccination status discrimination, OSHA directive
VACCINATION STATUS DISCRIMINATION claim dismissed on the basis of preemption by OSHA directive during the time it was in effect… Jeffrey Doud. [Read more…]
Retaliation, $413,053, DOC Government Relations
RETALIATION: $413,053 for retaliation by DOC against DOC Government Relations Director for participating in investigation of sexual harassment allegations against Director… Chad Vanisko. [Read more…]
Medical marijuana zoning, preliminary injunction
MEDICAL MARIJUANA: Preliminary injunction properly granted allowing continued operation pending litigation on compliance with zoning regulations… Eddy affirmed (memorandum). [Read more…]
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…]
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