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…]
Original jurisdiction, SB 542 property tax reform
ORIGINAL JURISDICTION: Governor’s request to declare SB 542 (2025) property tax reform constitutional ahead of District Court litigation declined… Order. [Read more…]
Mental commitment, jail employee appointed “friend”
MENTAL COMMITMENT: Challenge of appointment of jail’s mental clinician as friend who waived person’s rights rejected… Best affirmed (memorandum). [Read more…]
Probate, overlapping civil and probate proceedings
PROBATE: District Court had jurisdiction to restrain PR under §72-3-617 and did not abuse discretion in requiring her to obtain court approval for estate distributions in overlapping civil and probate proceedings… Whelan affirmed. [Read more…]
Marital, “lopsided” property distribution
MARITAL: “Lopsided” distribution to wife appropriate in light of husband’s “sham” transfer of house to girlfriend… maintenance to now-cancer-free husband properly denied… Spaulding affirmed (memorandum). [Read more…]
Ineffective assistance, “he said-she said”
INEFFECTIVE ASSISTANCE: Rehearing petition with numerous claims and issues including trial counsel promising a “he said-she said” defense but not allowing SIWC Defendant to testify denied… Order. [Read more…]
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