PROBATE: Claims of being excluded from father’s Trust due to incompetency and mother’s undue influence properly dismissed under Rule 12(b)(6)… Bidegaray affirmed (memorandum). [Read more…]
Strangulation, statements by Prosecutor, panelist, officer
STRANGULATION: Conviction affirmed over objections to statements by the Prosecutor, a panelist, and an officer… Manley affirmed (memorandum). [Read more…]
DUI, driver nearly hit pedestrian, investigation evolved
DUI: Officers standing on sidewalk properly investigated driver who nearly hit pedestrian and dumpster, properly evolved into DUI investigation and arrest… Seeley affirmed (memorandum). [Read more…]
Appeal procedure, dissatisfaction with lawyer’s briefing
APPEAL PROCEDURE: Drug Defendant’s request to vacate review of submitted appeal, remove attorney, and forward to OAD for re-briefing denied… order. [Read more…]
Defense verdict, vintage aircraft landing damage
VERDICT: Defense, vintage aircraft landing damage. [Read more…]
FTCA, wildfire damages, discretionary function
FTCA: Claims that FS was required to consult landowners personally about Lolo Peak fire suppression activities on their properties but failed to do so and that it intended the suppression activities to cause damage properly held to be precluded by discretionary function exception… Molloy affirmed. [Read more…]
Settlements
Plan I
April Spanbauer, low back, 11/19, $67,000, Matthew Murphy
Richard Maddox, upper leg, 9/22, disputed, $3,500, Leslae Dalpiaz [Read more…]
Med-mal, ACDF surgery, hoarseness, swallowing, expert
MEDICAL MALPRACTICE: JML on informed consent properly granted for lack of expert testimony on standard for advising of possible long-term hoarseness and swallowing difficulty from ACDF surgery… Harada affirmed (memorandum). [Read more…]
Appeal procedure, appeal 75 days from probate order,
APPEAL PROCEDURE: Dismissal of appeal filed 75 days after probate order denied where status of motion for fees & costs is uncertain (Opinion & Order). [Read more…]
Strangulation, shoving meth into mouth, transaction
STRANGULATION: Evidence that Defendant “shoved meth” into partner’s mouth after strangling her properly admitted under transaction rule… McMahon affirmed (memorandum). [Read more…]
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