INCOME TAXES: Tax preparer’s petition for a rule to “clarify” DOR’s audit procedures to parallel IRS’s for appeal purposes properly denied… DOR/Dayton affirmed. [Read more…]
Natural streambed, 310 law v. drain ditch
NATURAL STREAMBED: 310 law correctly found to apply to waterway over owner’s contention that it is merely a drain ditch… Rienne McElyea affirmed. [Read more…]
Attorney discipline, abandonment of client
ATTORNEY DISCIPLINE: Courtney Lawellin suspended for 30 days for abandoning client resulting in default, ordered to pay $7,500 restitution… order. [Read more…]
SSD, credit of medical opinions, VE, Claimant testimony
SSD: ALJ Kelley failed to properly credit medical opinions, VE, Claimant’s testimony in denying benefits… remanded for immediate award… Morris. [Read more…]
Settlements
Plan II
Ray Bluemer, right shoulder, 7/20, Sysco, Gallatin Co., Zurich accepted claim, paid medical, disputes as to PPD including wage loss and impairment, $45,000 for all claims, stipulated judgment; Wayne Olson for Bluemer, Mark Buckwalter for American Zurich Ins. [Read more…]
Disability discrimination, abusive UPS customer
DISABILITY DISCRIMINATION IN PUBLIC ACCOMMODATION: Claim for refusal to deliver packages to abusive customer or let her pick them up denied on summary judgment… Administrative Decision, Judy Bovington. [Read more…]
Trustee’s sale, delegation of notice duties
TRUSTEE’S SALE: Indenture trustee not prohibited under STFA from delegating notice duties to agents (ND law firm and private process firm)… sale affirmed… Krueger affirmed. [Read more…]
$2,850,000 settlement, Chamber Choices class action
SETTLEMENT: $2,850,000 settlement of Chamber Choices litigation including $950,000 fees for Class Counsel approved… Halligan. [Read more…]
Settlements
Plan I
Anthony Rodman, right leg, low back, 8/21, Albertsons, Hamilton, Albertsons accepted liability for low back strain, paid appropriate medical & indemnity, disputes as to nature, extent, compensability, sequela of claim-related conditions, whether Petitioner suffered wage loss, need for past, current, or future treatments, entitlement to additional benefits, $10,000 for all claims, stipulated judgment; Leslae Dalpiaz for Rodman, Thomas Harrington for Albertsons Companies [Read more…]
Subdivision, claim for statutory damages against County
SUBDIVISION: Claim for statutory damages against County for application denial not subject to 30-day limit under 2019 statute… §1983 complaint allegations improperly dismissed for failure to state claim… Larson reversed. [Read more…]
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