FIRST REFUSAL: Extrinsic evidence of intent should be determined before ambiguous provision is declared unenforceable… McElyea reversed. [Read more…]
Archives for 2026
Insurance, Victory’s records not in “usable form”
INSURANCE: Victory properly fined the maximum for failing to provide its records to the Commissioner in usable form… Seeley affirmed. [Read more…]
Judge substitution, SB 41 random v. “hand-picked”
JUDGE SUBSTITUTION: Whether Best was properly assigned jurisdiction under SB 41 (requiring random rather than “hand-picked” selection) should be decided before the merits of the underlying challenge to the Governor’s appointment of a former legislature to head a department are determined… (Order). [Read more…]
Youth, sex abuse of children, District v. Youth Court
YOUTH: Sex abuse of children case properly maintained in District Court instead of transferring to Youth Court… Seeley affirmed. [Read more…]
Wrongful discharge, union nurse, probation status
WRONGFUL DISCHARGE: Summary judgment improvidently granted for Defendant by drawing factual inferences as to probation status of union nurse in favor of moving party Defendant… Elliott reversed. [Read more…]
Indian child custody, conflicting jurisdictions
INDIAN CHILD CUSTODY: Supervisory control of Fosland declined in convoluted matter involving conflicting jurisdictions… Order. [Read more…]
Vexatious litigant, opportunity to be heard
VEXATIOUS LITIGANT improperly declared without opportunity to be heard and adequate analysis… motion for Judge disqualification properly denied… District Court provided sufficient record on appeal… Owen reversed/affirmed. [Read more…]
Assault on officer, mental state at time of offense
ASSAULT ON OFFICER: Sentence improperly imposed without considering Defendant’s mental condition at the time of his offense… Allison reversed. [Read more…]
Sexual assault of minor via “robot game”
SEXUAL ASSAULT: Conviction of assaulting minor via “robot game” affirmed over challenge to instructions on mental state… Breuner affirmed (memorandum). [Read more…]
Negligence, auto/motorcycle defense verdict
NEGLIGENCE: Defense verdict (65% negligence by Plaintiff motorcyclist, 35% by Defendant auto driver) affirmed… Ohman affirmed. [Read more…]
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