12(b)(6) DISMISSAL: Sufficient facts and allegations pled to survive dismissal of inverse condemnation and taking claims stemming from removal of bridge that had been erroneously permitted… Wilson reversed. [Read more…]
Personal jurisdiction, Arizona spray foam manufacturer
PERSONAL JURISDICTION improperly found over Arizona manufacturer of allegedly defective spray foam insulation applied to Montana home… Cuffe reversed on supervisory control (Opinion & Order). [Read more…]
Air quality permit, natural gas power plant
AIR QUALITY PERMIT: DEQ did not conduct adequate environmental review of natural gas power plant before issuing permit, should have considered greenhouse gas, analysis of lighting impacts deficient, but rather than vacatur of permit remanded for further evaluation of environmental impacts… Moses affirmed, reversed. [Read more…]
Water use permit, Tintina’s proposed copper mine
WATER USE PERMIT for Tintina’s proposed copper mine properly upheld… Hayworth affirmed. [Read more…]
Deliberate homicide, alternative accountability theory
DELIBERATE HOMICIDE: State’s alternative theory of accountability by phantom shooter submitted to jury without sufficient evidence… verdict form did not allow jury to declare guilt or innocence regarding each of the charged offenses or theories of liability… errors not harmless, reversed and remanded for new trial… Christopher reversed. [Read more…]
Plea withdrawal, agreed sentence exceeded authorized
PLEA WITHDRAWAL properly denied in convoluted case in which agreed sentence exceeded sentence authorized by law and the State accepted a sentence reduced from that agreed upon to one within the legal term… Harris affirmed. [Read more…]
Dismissal, failure to attend omnibus hearing
DISMISSAL: PFMA Defendant’s appeal from City Court conviction improperly dismissed for failure to attend omnibus hearing without considering whether he had good cause… Owen reversed (memorandum). [Read more…]
Criminal mischief, obstreperous jail behavior
CRIMINAL MISCHIEF: Conviction relating to obstreperous behavior at the jail resulting in flooding from fire sprinkler affirmed over challenges to exclusion of medical expert as to heart condition proffered in support of compulsion defense, prosecutorial misconduct, outrageous conduct in attempting to remove rings used to trigger sprinkler… Hayworth affirmed (memorandum). [Read more…]
Negligent supervision, child injured in scooter crash
NEGLIGENT SUPERVISION: Claim against grandmother of 10-year-old injured in a crash on uncle’s scooter dismissed on summary judgment for lack of foreseeability… Menahan. [Read more…]
Settlements
Plan I
Crystal Crocker, low back, 6/23, $18,000, Leslae Dalpiaz [Read more…]
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