PRISONERS: Mandamus to require DOC to provide fresh fruit at every meal and provide Fresh Life Church to MSP Low Side units denied as civil remedies are available… order. [Read more…]
SSD/SSI, remand ruling denying depression claim
SSD/SSI: Application properly denied on remand to consider how depression would affect RFC… extent of back pain properly discounted, Dupuytren’s Contracture properly not included in RFC… Johnston affirmed (memorandum). [Read more…]
Prisoners, alleged failure to protect from rival gang
PRISONERS: §1983 claims against MSP officials related to failure to protect from assaults by rival gang properly rejected on summary judgment… Johnston/Christensen affirmed (memorandum). [Read more…]
Malicious prosecution, attorney disorderly conduct
MALICIOUS PROSECUTION and numerous other claims against City and officers by attorney cited for barking dogs, disorderly conduct, misdemeanor assault stemming from obscenity laced screaming rant dismissed on summary judgment… Cavan/Watters. [Read more…]
Settlements
Plan I
Dawn Sullivan, elbow, 6/20, Albertsons, Helena, Albertsons initiated all benefits due & owing, Petitioner has voluntarily terminated her employment with Albertsons and has new employment, disputes as to whether she has achieved MMI, whether current employment is aggravating her condition, whether further treatment is necessary, whether further indemnity is owed, Petitioner would like to control her own treatment if any is required, $10,500 for all claims, stipulated judgment; Dawn Sullivan, pro se, Adrianna Potts for Albertsons [Read more…]
Malicious pros claim against pro bono attorneys rejected
MALICIOUS PROSECUTION claim against pro bono attorneys who alleged scheme to defraud elderly couple of reverse mortgaged property properly dismissed on summary judgment… Wilson affirmed. [Read more…]
Arbitration, face of award reveals math error
ARBITRATION: Face of award reveals miscalculations subject to modification by Court… remanded for Arbitrator Axelberg to clarify calculation… fees/costs for alleged vexatious actions by Defendant properly denied… Abbott reversed, affirmed. [Read more…]
Ballot initiative, I-24 “Outstanding Resource Waters”
BALLOT INITIATIVE: Challenge to AG’s determination of legal deficiency of I-24 (designating parts of Madison and Gallatin Rivers “Outstanding Resource Waters”) timely filed within 10 days of SOS’s notice of determination to Proponents… determination of unconstitutional taking of private property erroneous, signature gathering may proceed… order. [Read more…]
Mental commitment, hearing in absentia during COVID
MENTAL COMMITMENT: Refusal to leave protective custody cell and attacking anyone who came in contact with her and the area outside her cell being too small to allow COVID distancing justified in absentia commitment hearing… Reynolds affirmed (memorandum). [Read more…]
$36,500,000 verdict, insurer’s failure to warn of asbestos
VERDICT: $36,500,000 ($30 million punitives) for insurer’s breach of duty to warn of asbestos hazard at Libby mill. [Read more…]
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