ARBITRATION: Motion to compel arbitration of annuities dispute against principal granted based on arbitration clause in client agreement with agents… cases consolidated… Lovell. [Read more…]
Insurance/dismissal, adjuster bad faith
INSURANCE/DISMISSAL: Complaint allegations sufficient to survive 12(b)(6) dismissal of adjuster in bad faith case… request to consider new allegations and treat motion as one for summary judgment denied… Molloy. [Read more…]
Settlements
Plan I
Scott McLaughlin, neck OD, 12/08, disputed, $250, no hiring preference, not to seek re-employment with NWE, stipulated judgment; Stephen Pohl for McLaughlin, Todd Hammer for NWE [Read more…]
Education services discrimination, $150,000 distress
EDUCATIONAL SERVICES DISCRIMINATION: Emotional distress inflicted by placing back of developmentally disabled child’s head under running water merits $150,000 emotional distress damages, not $2 million requested… order on remand from HRC following 0 award… Gregory [Read more…]
Attorney-client, work product, comp bad faith
ATTORNEY-CLIENT/WORK PRODUCT: Employer may not withhold in bad faith action letter from comp insurer’s lawyer written prior to comp mediation, adjuster’s disclosure constitutes waiver of privilege… employer as disinterested 3rd-party precluded from participating in [Read more…]
Legal malpractice, statute limitations, relation-back
LEGAL MALPRACTICE/RELATION-BACK: 3-year malpractice statute applies rather than 5-year contract statute despite addition of contract claims grounded in malpractice… Plaintiffs’ appeal not such significant change in theory as to constitute waiver… whether corporation (or LLC, etc) should be allowed to relate back an amended complaint signed by a lawyer to its original pro se complaint to be determined case-by-case so [Read more…]
Judge substitution, motion time, transfer
JUDGE SUBSTITUTION: 30 days for motion began when Defendant appeared in Plaintiff’s action to transfer toxic suit from Tribal Court to District Court, not from new complaint after transfer action was dismissed without prejudice, motion untimely… McKinnon affirmed. [Read more…]
Marital, parenting plan amendment, child’s wishes
MARITAL: Insufficient evidence of changed circumstances to amend long-standing parenting plan to switch child to father at 6th grade… 11-year old improperly allowed to determine residence in future… Langton reversed. [Read more…]
Sex registration, post-probation, youth
SEX REGISTRATION: Disposition order may have treated registration as sentence condition, but it was also a stand-alone statutory requirement, Judge correctly found no authority to grant relief even after probation… Level 1 offender must register for 10 years before seeking relief… [Read more…]
Coram vobis, intimidation/ranch sale, 1979 divorce
CORAM VOBIS abolished by 2011 MRCivP amendments, no alternative writ that might be viable to address prisoner’s challenges to sale of ranch stemming from 1979 divorce and intimidation convictions… order. [Read more…]
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