PROBATE: Self-deleting text about “touching up my will at the moment” and “i wanted to let you know that my sword company is going to go to you and david and ted” did not constitute valid will… Recht affirmed (memorandum). [Read more…]
Archives for 2024
Property, quitclaim undue influence, unjust enrichment
PROPERTY: Son’s quit claim acquisition of elderly mother’s home affirmed over her Estate’s claim of undue influence, fraud, unjust enrichment… Brown affirmed (memorandum). [Read more…]
TOP, findings of assaultive conduct against “victim”
TOP: Husband’s same-day motion to continue hearing properly denied… remanded for findings regarding conclusion that wife was a “victim” of the assaultive offenses and whether property restrictions for 5 years were essential for her protection… Coffman affirmed, remanded (memorandum). [Read more…]
Drugs, no particularized suspicion for dog sniff
DRUGS: Officer lacked particularized suspicion to justify a dog sniff, meth found in vehicle should have been suppressed… Oldenburg reversed. [Read more…]
Weapon enhancement, aggravated rape/kidnap
WEAPON ENHANCEMENT applied to aggravated SIWC and aggravated kidnap not double jeopardy since they do not require use of a weapon over claim that “force” and “weapon” are equivalent… Brown affirmed (memorandum). [Read more…]
Attempted kidnap/obstruction, grasping arm of teen
ATTEMPTED KIDNAP/OBSTRUCTION convictions for grasping arm of teen and fleeing bicycle officer affirmed… Halligan affirmed (memorandum). [Read more…]
New trial of $20,000 verdict for estranged wife kidnap
NEW TRIAL granted following $20,000 verdict for kidnap of estranged wife as she established at least $20,000 in past medicals and also that she was entitled to some compensation related to at least one other category, pain & suffering… Marks. [Read more…]
Defense verdict, stop-light rear-end MVA, neck/back
VERDICT: Defense, stop-light rear-end MVA, admitted liability, no causation, neck/back. [Read more…]
Settlements
Plan I
Maria Rostad, low back, 2/21, Big Timber, MHN initiated benefits, Petitioner underwent surgery, achieved MMI, returned to work, disputes as to medical causation, liability for the surgery, wage loss, $100,000 for all claims, stipulated judgment; Gavin Murphy for Rostad, Joe Maynard for MHN [Read more…]
Housing race discrimination, private club
HOUSING RACE DISCRIMINATION: Defendant properly found to be private club not subject to public accommodation laws… OAH (Joslyn Hunt) affirmed, FAD. [Read more…]
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