INSURANCE: Coverage of sexual assault/harassment claims precluded by Willful & Malicious Act and Business Pursuits exclusions in Homeowners and Personal Liability Umbrella policies, insurer had no duty to defend alleged assailant against claims that resulted in $1.1 million State Court judgment… Molloy reversed (memorandum). [Read more…]
Witness tampering, “crime of violence”
WITNESS TAMPERING as “crime of violence” conviction affirmed… Christensen affirmed (memorandum). [Read more…]
Settlements
Plan I
TJ McDermott, upper extremities, 11/21, $85,000, Leslae Dalpiaz [Read more…]
Solid waste, landfill expansion in wetlands
SOLID WASTE: City landfill expansion properly granted in wetlands area leading to Yellowstone River over objections from owners of adjacent public park… DEQ/Davies affirmed. [Read more…]
Waiver of counsel, awareness of PFO penalties
WAIVER OF COUNSEL: Counsel intelligently waived as robbery Defendant knew risks and was advised of potential PFO-enhanced penalties and sentenced well within range… Eddy affirmed. [Read more…]
Escape, failure to report to PO as ordered
ESCAPE: Defendant whose suspended sentence was revoked and failed to report to his PO as ordered properly convicted of felony escape… Marks affirmed. [Read more…]
Discovery, financials of house sellers for punitives
DISCOVERY: Challenge of RFPs seeking financials of house sellers for punitives purposes prior to summary judgment stage rejected… Souza. [Read more…]
Indians, electric utility’s winter termination
INDIANS: Cert denied as to 9th Circuit affirming Cavan and Watters that Crow Tribe retains jurisdiction under first Montana exception to regulate electric utility’s winter termination… order. [Read more…]
Prisoners, §1983 medical needs, unsafe work conditions
PRISONERS: §1983 claims as to indifference to medical needs properly dismissed on summary judgment but claims of unsafe conditions arising from assignment to clean isolation cell are triable… Christensen affirmed, reversed (memorandum). [Read more…]
SSD, bladder/bowel incontinence
SSD: Bladder/bowel incontinence claim properly denied… Lynch affirmed (memorandum). [Read more…]
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