ATTORNEY DISCIPLINE: Penelope Oteri to be publicly censured and placed on probation/mentorship for representations relating to valuation of Peterbilt… order. [Read more…]
Attorney discipline, violations in divorce cases
ATTORNEY DISCIPLINE: Linda Harris to transfer to retired status and be suspended for 5 years for RPC violations in divorce cases… order. [Read more…]
Aggravated rape, deposition testimony of alleged victim
AGGRAVATED RAPE: Defendant claiming consensual sex not prejudiced by Defense attorney’s stipulation to deposition testimony of alleged victim and Zoom testimony of experts in light of significant circumstantial evidence… Abbott affirmed (memorandum). [Read more…]
$240,000 net settlement, breach of promised jail position
SETTLEMENT: $250,000 from County to former Sheriff’s Deputy for breach of promised new position of Detention Center Administrator… $10,000 from Deputy to County for improper sanctions motion. [Read more…]
Officers’ shooting, “sham affidavit,” $525,000 settlement
OFFICERS’ SHOOTING: Summary judgment for County & Deputies rejected over claim of sham affidavit testimony that Plaintiff was pointing gun at ground when he opened door to unknown persons on porch in dark who shot him and claims of qualified immunity… case settled following ruling for $525,000… DeSoto/Watters. [Read more…]
Settlements
Plan I
Kenneth Hamilton, right shoulder, 8/21, City of Deer Lodge, disputes as to wage loss and future medical, $95,000 new money for all claims ($45,490.22 MSA), stipulated judgment; Andrew Huppert for Hamilton, Morgan Weber for MMIA [Read more…]
Insurance, anti-concurrent cause, certified questions
INSURANCE: 9th Circuit certified questions as to effect of anti-concurrent cause clause vis-à-vis efficient proximate cause doctrine accepted… order. [Read more…]
Indians, order of protection jurisdiction
INDIANS: Motion to dismiss order of protection for lack of jurisdiction properly denied without finding parties’ tribal status as assault occurred off Reservation… Laird affirmed (memorandum). [Read more…]
Incest, ineffective assistance, prosecutorial misconduct
INCEST: Postconviction claims alleging ineffective assistance and prosecutorial misconduct rejected… Gilbert affirmed (memorandum). [Read more…]
Construction defects, apartment building soil movement
CONSTRUCTION DEFECTS: Tort claims against excavation contractor of apartment building that was destroyed due to soil movement including concealment of defects dismissed on summary judgment based on statutes of limitation… contract claims survive summary judgment BUT Plaintiffs are unable to seek restoration damages because they cannot prove “temporary injury” resulting in dismissal of entire case… Hayworth. [Read more…]
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