RAPE: Defendant was not prejudiced by wrong definition of “knowingly,” ineffective claim fails… Marks affirmed (memorandum). [Read more…]
Home inspection, bound despite failure to sign agreement
HOME INSPECTION: Plaintiffs who failed to sign home inspection agreement are nonetheless bound by its limitation of damages to the cost of the inspection… Larson. [Read more…]
Defense verdict, trail ride horse fall
VERDICT: Defense, trail ride horse fall, pelvic/hip fracture, concussion… settled prior to verdict. [Read more…]
Habeas, improperly dismissed sua sponte
HABEAS petition improperly dismissed sua sponte without notice of intent to dismiss despite deliberate homicide Petitioner’s acknowledgment of 20-year delay… Watters reversed. [Read more…]
Settlements
Plan I
Robert Henson, left knee, 10/22, Weyerhaeuser, Columbia Falls, disputes as to wage loss, nature & extent of injuries, future treatment, $24,500 for all claims, stipulated judgment; Greg Overturf for Henson, Charlie Smith for Weyerhaeuser [Read more…]
Pregnancy discrimination, Payroll Benefits Director
PREGNANCY DISCRIMINATION: Reasonable cause to believe discrimination occurred in termination of pregnant corporate Payroll Benefits Director who was replaced with non-pregnant female with same duties and comparable salary… FIR, Stephanie Galle, Investigator. [Read more…]
Covenants, amended declaration v. modification votes
COVENANTS: Amended declaration of covenants that allowed metal roofs and chickens that got 62.5% of owners who voted failed to get requisite 2/3 vote of all owners for renewal (as contrasted with 60% for modification)… declaration expired, HOA cannot enforce… Ohman affirmed. [Read more…]
High school reunion, dispute over funds & expenses
HIGH SCHOOL REUNION: Order by JP resolving dispute over funds and expenses from 50th reunion properly affirmed by District Court… Hummel/Eddy affirmed (memorandum). [Read more…]
Order of protection, competing petitions by neighbors
ORDER OF PROTECTION: Pro se petitioner not denied due process when she was afforded opportunity to present her case in support of a protective order against neighbor but chose to spend her time directly examining neighbor in hearing on petitions by both neighbors against the other… protective order properly denied for pro se petitioner and granted for subsequent petitioner… Gilbert affirmed (memorandum). [Read more…]
Stay pending appeal, alternative security
STAY PENDING APPEAL: Appellants properly allowed to post alternative security to supersedeas bond… Recht affirmed (Order). [Read more…]
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