DISCOVERY: Rule 35(b)(1) “like reports” does not require insurers or their medical examiners to deliver reports for all earlier exams of the condition from all persons examined, but only earlier exams of the Plaintiff regarding the same condition to which the insurers and their Rule 35 examiners may have access… DeSoto. [Read more…]
Archives for March 2023
Settlements
Plan I
Cynthia Stewart, shoulder(s), 11/21, disputed, $2,500, Hayley Kemmick [Read more…]
Prevailing party, landlord/tenant, $55.59 utility bill
PREVAILING PARTY properly determined to be tenant who prevailed on all issues except $55.59 utility bill, entitled to additional attorney fees below and on appeal… Larson affirmed (memorandum). [Read more…]
Postconviction, “miscarriage of justice” exception to time
POSTCONVICTION: “Miscarriage of justice” exception to timeliness not extended to Defendant who pled guilty to shooting wife but has no idea why he did it… Ulbricht affirmed (memorandum). [Read more…]
Deposition, tax lien, pro ses, email notices, service
DEPOSITION rulings in tax lien case involving pro se Defendants, email notices, telephonic and in-person depositions, improper service by US, objections to questions… Defendants order to attend in-person depositions at Federal Courthouse, pay travel expenses of one US attorney and costs of stenographer… mitigating facts preclude US’ request for default… Molloy. [Read more…]
Nursing home malpractice, COVID-based death claims
NURSING HOME MALPRACTICE: Nursing home not immune from COVID-based claims of estates of deceased patients under Public Readiness & Emergency Preparedness Act, motion to dismiss denied… Cavan/Watters. [Read more…]
Settlements
Plan II
Harold McIntyre, right knee, 6/10, Williams P&H, Bozeman, disputes as to PTD and future medical, $86,647.87 for all claims ($66,647.87 MSA), stipulated judgment; Kim Schulke for McIntyre, Morgan Weber for Liberty Northwest [Read more…]
Marital discrimination, irrigation district allocation
MARITAL DISCRIMINATION claim based on allocation of water to couple as 1 individual rejected for lack of showing of injury… Jeffrey Doud. [Read more…]
Vaccination discrimination, non-vax surcharge
VACCINATION DISCRIMINATION: Non-Vax Surcharge challenge preempted by ERISA… Judy Bovington. [Read more…]
Guardianship/conservatorship, equity, attorney fees
GUARDIANSHIP/CONSERVATORSHIP: Judge sitting in equity had authority to order reimbursements rather than require an audit… attorney fees properly denied for defense of guardian/conservator but should be awarded for services pertaining to administration of Estate… Allison affirmed, reversed (memorandum). [Read more…]