ATTORNEY DISCIPLINE: Proceedings against Meghan Doud for alleged trust accounts and client charges improprieties stayed pending criminal case in which she intends to plead the 5th… Doud is suspended during the interim… COP order. [Read more…]
Double jeopardy, assault on minor, 1 v. 2 distinct injuries
DOUBLE JEOPARDY: Supervisory control of Wald denied as to refusal to dismiss assault on minor following acquittal on 1 count and hung jury on 1 count over Defendant’s argument that there was no proof of 2 distinct injuries… order. [Read more…]
Public defenders, ordered to assign counsel within 3 days
PUBLIC DEFENDERS: Harris wrongly ordered OPD to assign counsel within 3 working days of order and provide continuous representation… contempt order quashed… order. [Read more…]
Substitute counsel, not seemingly substantial complaints
SUBSTITUTE COUNSEL based on not seemingly substantial complaints properly denied without hearing… murder/attempted murder convictions affirmed… H. Brown affirmed. [Read more…]
Settlement challenge, banks’ “check kiting” scheme
SETTLEMENT CHALLENGE: Adversary proceeding against Debtors’ banks alleging involvement in check-kiting scheme barred by settlement and general release 6 years earlier… proceeding dismissed with prejudice based on collateral estoppel after allowing Trustee to amend complaint to address defects requiring dismissal of prior complaint… Holt. [Read more…]
Settlements
Plan II
Scott Flinders, knee, 11/2, Liberty accepted liability, paid indemnity & medical, disputes as to nature & extent of disability, $500,000 for all claims (CMS review not required but out of abundance of caution $40,000 is allocated toward future medical), stipulated judgment; John Doubek for Flinders, Leo Ward for Liberty Mutual Ins. [Read more…]
Insurance, statutory cap, $12,410,016.11 MVA judgment
INSURANCE: Insurer correctly denied benefit of the §2-9-108 $750,000 cap in relation to $12,410,016.11 bench judgment for injuries from snowplow running stop sign because it waived the cap by providing a policy to the County with limits in excess of the cap… Rienne McElyea affirmed. [Read more…]
Realtor malpractice, fencing, mold
REALTOR MALPRACTICE claims related to fencing and mold properly rejected on summary judgment… Swandal affirmed. [Read more…]
Judicial error v. clerical error
JUDICIAL ERROR: Motion to amend family law order was assertion of judicial error, not clerical mistake, barred by 1-year limit… Menahan affirmed (memorandum). [Read more…]
Obstruction, refusal to exit vehicle, DUI acquittal
OBSTRUCTION: Refusal to exit vehicle stopped for turn violation so officer could determine possible impairment properly constituted obstruction (Defendant acquitted of DUI)… Lerman/Vannatta affirmed (memorandum). [Read more…]
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