SETTLEMENT AGREEMENT: Statute of Frauds correctly applied less technically to text messages to prevent commission of a fraud in house defects/buy-back dispute… texts also properly found to constitute enforceable settlement agreement… Eddy affirmed. [Read more…]
Archives for 2024
Court costs waiver, excessive financial information
COURT COSTS WAIVER: Supervisory control granted reversing Recht’s denial of waiver for not providing financial information exceeding DOJ’s requirements… order. [Read more…]
Malicious prosecution, bondsman pepper spray client
MALICIOUS PROSECUTION claims by bail bondsman charged with assault of client for her failure to abide by conditions properly dismissed as bondsmen not authorized to arrest or pepper spray clients without outstanding warrant… claims also barred by prosecutorial immunity… Ruiz affirmed. [Read more…]
Bench judgment, $113,869 fire suppression pond defects
BENCH JUDGMENT: $113,869.95 judgment improperly awarded to County for fire suppression pond defects when County failed to timely inspect and give opportunity to remedy… Dayton reversed (memorandum). [Read more…]
Attorney discipline, suspension for assault conviction
ATTORNEY DISCIPLINE: Katherine Proctor suspended pending formal proceedings following conviction of felony assault on a minor… order. [Read more…]
Right to be present at jury query
RIGHT TO BE PRESENT not violated by Judge answering jury query about witness statements that were not in evidence… Oldenburg affirmed (memorandum). [Read more…]
School athletics, denial of waiver from 8-semester rule
SCHOOL ATHLETICS: Preliminary injunction denied as to MHSA’s denial of waiver from 8-semester rule for 5th-year senior to play basketball after absence sophomore year due to Covid… Murnion. [Read more…]
Wage calculations in 1st-impression scenario
Both parties’ methods of calculating wage-loss benefits are incorrect for Petitioner who works at 2 simultaneous jobs but post-injury can continue at only 1 (1st impression)… Bruner. [Read more…]
Settlements
Plan I
Rick Fink, hip, 2/21, $30,000, Dean Blackaby [Read more…]
Oil & gas, New Well Tax Incentive, contiguous months
OIL & GAS: New Well Tax Incentive statute properly construed as requiring contiguous months of production… Murnion affirmed. [Read more…]
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