WORK COMP/PROCEDURE: Exclusivity claim improperly dismissed under 12(b)(6) without opportunity for discovery to establish intentional conduct… 39-71-413 constitutional [Read more…]
Arbitration, ambiguities, mutual intent
ARBITRATION provision in assisted living facility agreement unenforceable due to ambiguities, lack of mutual intent… Sandefur affirmed. [Read more…]
Water, dissatisfied user complaints
WATER: Dissatisfied user complaints properly rejected based on finding that pond non-consumptive… water quality, other issues, not within jurisdiction of informal proceeding… Phillips affirmed. [Read more…]
Justiciability, airport lease authority
JUSTICIABILITY: Ruling by Sherlock as to airport authority to lease land non-justiciable after Defendant decided not to lease… opinion & order. [Read more…]
Mental commitment, dementia
MENTAL COMMITMENT properly ordered for man with dementia… Seeley affirmed. [Read more…]
Mental commitment, overt acts, silence
MENTAL COMMITMENT: Sufficient recent overt acts… Judge’s comment on refusal to talk to professional was “advice,” not improper comment on silence… commitment affirmed… Fagg affirmed (IOR I-3(d)(v)). [Read more…]
Mental commitment
MENTAL COMMITMENT properly ordered… J. Brown affirmed (IOR I-3(d)(v)). [Read more…]
Insurance proceeds, small claims, stolen items
INSURANCE PROCEEDS: Dispute between former cohabitants over insurance proceeds for stolen items properly resolved by Small Claims Court, District Court… McCarter affirmed (IOR I-3(d)(v)). [Read more…]
Marital, remarriage, common law, partnership
MARITAL: Half of antiques business inventory improperly awarded to new husband rather than ex-husband in distribution in convoluted remarriage/common law [Read more…]
Deliberate homicide, interrogation room taping
DELIBERATE HOMICIDE: Exculpatory evidence not denied by test destruction of 2 hairs found on body… jury could properly infer that knife missing from kitchen was murder weapon… [Read more…]
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