MEDICAL MALPRACTICE: Supervisory control of Sullivan denied as to refusal to exclude recording of nurse practitioner… Order. [Read more…]
Archives for April 2026
Ditch easement, no implied easement by existing use
DITCH EASEMENT: Lot owners properly held to not have an implied easement by existing use on neighbor’s property… attorney fees & costs properly awarded… Brown affirmed. [Read more…]
Sex abuse of children, prior bad acts, blind expert
SEX ABUSE OF CHILDREN: Convictions affirmed over challenge to children’s prior bad acts testimony and blind expert’s testimony… Rieger affirmed (memorandum). [Read more…]
Sentencing, no material depicting nudity
SENTENCING: Sex offender reasonably restricted from possessing “any material that describes or depicts human nudity”… Pardy affirmed (memorandum). [Read more…]
Restitution, lane-change MVA, trailer with lumber
RESTITUTION properly awarded for damages stemming from lane-change MVA… Defendant who arrived late at sentencing/restitution hearing not denied due process… Peterson/Abbott affirmed (memorandum). [Read more…]
Insurance, parking lot slip & fall
INSURANCE: Pre-23 §33-18-242 does not preclude parking lot slip & fall Plaintiff from asserting causes other than statutory or common law bad faith (first impression)… insurer properly granted summary judgment on promissory estoppel, breach of contract, unjust enrichment, interference with economic advantage, constructive fraud., improperly granted on spoliation and equitable estoppel… Deschamps affirmed, reversed. [Read more…]
Sex discrimination, MSH Treatment Rehab Manager
SEX DISCRIMINATION: Rehearing of Opinion affirming HO’s rejection of claims by Treatment Rehab Manager applicants denied. [Read more…]
Abortion clinics legislation preliminarily enjoined
ABORTION CLINICS legislation properly preliminarily enjoined… Abbott affirmed. [Read more…]
Subdivision, corrected Opinion as to public notice
SUBDIVISION: Opinion re-issued to correct statement that County does not dispute that Planning Department failed to provide public notice… Order. [Read more…]
Ballot measure, BM 10 “artificial persons”
BALLOT MEASURE: Court declines review of AG’s determination that BM 10 defining “artificial persons” is legally sufficient… Opinion & Order. [Read more…]