MEDICAL MALPRACTICE: Complaint correctly dismissed for untimely service but incorrectly dismissed with prejudice… Halligan reversed. [Read more…]
Probate, homestead on ranch property
PROBATE: Homestead on ranch correctly valued and distributed in light of will and contract for deed… Abbott affirmed (memorandum). [Read more…]
Lesser-included, criminal trespass, burglary acquittal
LESSER-INCLUDED: Defendant properly convicted of criminal trespass after being acquitted of burglary… Bonilla affirmed. [Read more…]
Revocation, longer prison term than in original sentence
REVOCATION: Longer prison term improperly imposed than in the original suspended sentence… Larson reversed. [Read more…]
Med-mal non-economic damages cap unconstitutional
MED-MAL NON-ECONOMIC DAMAGES CAP declared unconstitutional… Best. [Read more…]
CFS, mandatory injunction, Legislator’s records request
CFS: Mandatory injunction granted ordering DPHHS to provide Legislator requested records generated in course of CFS investigations and adjudications… McMahon. [Read more…]
Sentencing, “large capacity” magazine, Glock 17
SENTENCING: “Large capacity magazine” properly construed by Sentencing Commission as 15 rounds, Glock 17 rounds properly used to enhance felon in possession’s base offense… Christensen affirmed. [Read more…]
Settlements
Plan I
Steve Temple, multiple, 9/23, disputed, $150,000, Chris Helmer [Read more…]
LLC dissociation, $2.5 million verdict
LLC DISSOCIATION: $2,420,000 compensatory damages verdict in favor of farm/ranch LLC and against departing members affirmed, but $80,000 punitives verdict reversed as action arose from Operating Agreement… 8-year contract statute properly applied in “twilight zone of contract and tort law”… dissociation date properly fixed at 2/2/18… departing members’ 2 shares properly valued at $434,000 each with 7.5% interest accruing from 2/2/18… Laird affirmed, reversed. [Read more…]
Opencut mining, preliminary injunction
OPENCUT MINING: Title 27 preliminary injunction provisions improperly applied to mining challenge when Plaintiff had remedy for similar relief in pending Title 75 action challenging environmental review… Larson reversed. [Read more…]
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