SETTLEMENT AGREEMENT: Probate agreement for disposition of land properly found to have been repudiated by heir who failed to perform… Lint affirmed (memorandum). [Read more…]
Archives for 2023
Witness tampering/privacy in communications
WITNESS TAMPERING/PRIVACY IN COMMUNICATIONS convictions affirmed over challenge to sufficiency of evidence, constitutionality of PIC statute, evidence of prior assault of girlfriend… Moses affirmed (memorandum). [Read more…]
Franks hearing, homicide affidavit probable cause
FRANKS hearing for deliberate homicide probable cause affidavit properly rejected, supervisory control of Menahan denied… order. [Read more…]
Assault, prior assault, speedy trial, unavailable witness
ASSAULT conviction affirmed over claims of improper evidence of prior assault and speedy trial violation for improperly considering doctor “unavailable” witness… Morris affirmed (memorandum). [Read more…]
Discrimination, EEOC proceeding vis-à-vis State/HRC
DISCRIMINATION: EEOC Defendant barred by collateral estoppel of state $758,454.52 judgment from relitigating liability, back pay, front pay, emotional distress damages… EEOC’s claims for injunctive relief and punitives and Plaintiff’s claims for punitives and attorney fees/costs remain to be tried… Morris. [Read more…]
Settlements
Plan I
Kerie MacDowell, left wrist, 4/18, Costco, Kalispell, Costco accepted liability, paid medical & indemnity, disputes as to nature, extent, sequela, wage loss, work restrictions, impairment, employability, potential PTD status, need for past, current, or future treatments, $125,000 for all claims, stipulated judgment; Kraig Moore for MacDowell, Thomas Harrington for Costco [Read more…]
Mental disability discrimination, medical licensing exam
MENTAL DISABILITY DISCRIMINATION: Student denied accommodations for medical licensing exam properly found to have missed deadline for HRB complaint by 2 days, petition for review properly denied… Spaulding affirmed. [Read more…]
Parenting, income imputed to rancher, poison pen letter
PARENTING: Income properly imputed to rancher for child support in light of ability to drive commercially… poison pen letter denigrating mother properly admitted over hearsay objection… primary custody to mother with limited visitation to father properly awarded… Harada affirmed (memorandum). [Read more…]
Probate, exclusion from father’s Trust
PROBATE: Claims of being excluded from father’s Trust due to incompetency and mother’s undue influence properly dismissed under Rule 12(b)(6)… Bidegaray affirmed (memorandum). [Read more…]
Strangulation, statements by Prosecutor, panelist, officer
STRANGULATION: Conviction affirmed over objections to statements by the Prosecutor, a panelist, and an officer… Manley affirmed (memorandum). [Read more…]
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