ICWA: §41-3-306(7)(b) exception for Indian child cases from emergency protective services hearings in dependent-neglect cases stricken as violative of equal protection… supervisory control granted over Judge’s argument of, inter alia, mootness… Breuner reversed. [Read more…]
Archives for 2023
Revocation, expired deferred imposition
REVOCATION: Deferred imposition sentence expired before State petitioned to revoke and is therefore illegal… conclusion based on de novo review of record, issue not raised by parties… Cuffe reversed. [Read more…]
Insurance, challenges to GEICO’s subrogation
INSURANCE: Challenges to GEICO’s subrogation practices properly rejected as not allowable under UTPA… Molloy affirmed (memorandum). [Read more…]
Settlements
Plan I
Benjamin Miller, left knee, 11/21, NWE, Plains, NWE placed claim under §615, paid certain medical, thereafter denied liability on the basis that Petitioner suffered temporary aggravation of pre-existing condition for which he had achieved MMI and required no additional treatment, $100,000 for all claims, stipulated judgment; David Lighthall for Miller, Marcel Quinn for Northwestern Corporation [Read more…]
Settlement agreement, riverbeds rent, justiciability
SETTLEMENT AGREEMENT justiciability and interpretation issues related to electric utility’s rent of State riverbeds affirmed, reversed… Menahan affirmed, reversed. [Read more…]
Marital, alleged PMA unenforceable, property division
MARITAL: Alleged PMA properly found unenforceable and unconscionable, property equitably divided including award of parcel to intervenor son… Eddy affirmed (memorandum). [Read more…]
Preliminary injunction, birth certificate sex change
PRELIMINARY INJUNCTION: State’s motion for supervisory control as to Moses’s SB 280 birth certificate sex change preliminary injunction “clarification” order granted in part but order was “clear and required no ‘clarification'”… order. [Read more…]
Confrontation, bail jumping, minute entries of absence
CONFRONTATION rights of alleged bail jumper not violated by admission of Deputy Clerk’s minute entries stating he was not present at hearings… Christopher affirmed. [Read more…]
Settlements
Plan I
Tommy Roberts, electrical injury to entire body, 6/20, Stillwater Mining, Stillwater Co., Midland Claims Service served as adjuster, Stillwater accepted liability, disputes as to out-of-state treatment, whether MMI achieved, medical necessity of certain treatment, $175,000 new money for all claims, stipulated judgment; Andrew Miller for Roberts, Steven Jennings for Stillwater Mining [Read more…]
Hemp, $65,530,500 verdict, failure to pay farmers
HEMP: $65,530,500 verdict for failure to pay or release hemp crop to farmers affirmed… Bidegaray affirmed. [Read more…]