ATTORNEY DISCIPLINE: Anthony Platt suspended for 1 year for “aggressive courting” of client resulting in stalking charge and conviction of Official Misconduct… order. [Read more…]
Double jeopardy, cross-counties police pursuit
DOUBLE JEOPARDY not violated by charges in 2 counties stemming from police pursuit… Berger affirmed. [Read more…]
Child porn found by private group home manager
CHILD PORNOGRAPHY: Suppression of pornography found by private group home manager on resident’s devices properly denied… Reynolds affirmed. [Read more…]
SSD/SSI, medical opinions improperly discounted
SSD/SSI: Medical opinions improperly discounted… Kelley reversed… Johnston. [Read more…]
AWW for TPD, janitor with 2 hourly rates
Neither party correctly calculated AWW for purposes of TPD for janitor who had different hourly rates cleaning State and private offices and whose weekly hours varied… Sandler. [Read more…]
Settlements
Plan I
Samantha Isackson, head, 8/21, Billings, MHN initiated all benefits due & owing, disputes as to extent of injuries, ability to work, ongoing medical care, $62,500 for all claims, stipulated judgment; Matthew Tourtlotte for Isackson, Joe Maynard for MHN [Read more…]
Mental disability, call center rep FMLA leave, $91,742
MENTAL DISABILITY: $91,741.56 for discharging call center rep for taking FMLA leave for outdoor activities to address anxiety and major depressive disorder… Chad Vanisko. [Read more…]
Insurance, UTPA/UIM, no injury from MVA
INSURANCE: UTPA/UIM claims properly disposed of by jury finding no injury from MVA over claims of unfair trial due to exclusion of claims file, denial of bifurcation, refusal to excuse panelist for cause, Judge asking jurors if they wanted to hear any more about witness’s qualifications, cumulative error… Menahan affirmed (memorandum). [Read more…]
Easement, Notice of Purchaser’s Interest
EASEMENT: Claim to easement based on reference in Notice of Purchaser’s Interest in contract for deed properly rejected… Marks affirmed. [Read more…]
Wrongful discharge, police officer, defense verdict
WRONGFUL DISCHARGE: Summary judgment and JML motions by police officer as to PD termination policies properly denied, defense verdict affirmed… Ruiz affirmed (memorandum). [Read more…]
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