ERISA: Former clinic Medical Education Specialist proved that she was totally disabled and entitled to benefits for 24-months ending 3/29/20, denial applied wrong definition of “Total Disability and Totally Disabled,” Claimant was unable to perform one or more material & substantial duties of her Regular Occupation, denial based on subjective evidence combined with perceived lack of objective evidence contrary to case law… Claimant awarded attorney fees, costs, prejudgment interest, remanded for determination of whether she met policy’s “any occupation” definition of “total disability” after 3/29/20… “paper bench trial”… Watters. [Read more…]
Legal malpractice, seller’s wish to remain on ranch
LEGAL MALPRACTICE: Summary judgment for attorneys as to claim of negligence in not preserving client’s wish to remain on ranch rent-free following sale premature despite client obtaining summary judgment on liability against buyer… Best reversed (memorandum). [Read more…]
Traffic stop, following close, spare tire with meth
TRAFFIC STOP for following too close properly ripened into search of vehicle including spare tire stuffed with meth… motion to suppress properly denied… Watters affirmed (memorandum). [Read more…]
Incest, prior “playing horsey” accusation
INCEST: 5-year-old’s statement that she saw her mother and mother’s boyfriend “playing horsey” properly rejected in Mazurek hearing as prior accusation of sexual misconduct… father’s conviction in re-trial affirmed… Kutzman affirmed (memorandum). [Read more…]
Drugs, first meth possession, large bust, 35% fine
DRUGS: DOC commitment properly imposed for first-offense meth possession in deviation from statutory presumption of deferred imposition for Defendant involved in large bust, but 35% market rate fine improperly imposed based on lack of special verdict quantity determination… Dayton affirmed, reversed. [Read more…]
Revocation, absconding
REVOCATION: Defendant properly found to have absconded by failing to maintain contact with PO, a non-compliance violation obviating need to exhaust MIIG procedures… Boucher affirmed. [Read more…]
Settlement, alleged 5th-wheel trailer misrepresentation
SETTLEMENT: “Significant” amount in settlement of claim of misrepresentation by 5th-wheel trailer dealership on remand from Supreme Court ruling that complaint could be amended 2 years after original complaint to add misrepresentation and that judgment was improperly granted to dealership. [Read more…]
Attempted deliberate homicide, tampering, missing gun
ATTEMPTED DELIBERATE HOMICIDE: Typo on verdict form as to alternative lesser includeds not prejudicial… sufficient evidence of tampering by disposing of gun used in confrontation with cabin owners during disrupted burglary… convictions affirmed… McMahon affirmed. [Read more…]
DUI, license reinstatement vis-à-vis criminal DUI
DUI: Civil license reinstatement finding of “no reasonable grounds” to believe Defendant was DUI does not collaterally estop criminal DUI proceeding based on “particularized suspicion”… Swingley/Reynolds affirmed (IOR I-3(c)). [Read more…]
Amendment, new claim of trailer misrepresentation
AMENDMENT to add new misrepresentation against 5th-wheel trailer dealership 2 years after original complaint improperly denied. . . judgment improperly granted to dealership which never moved for summary judgment. . . Boucher reversed. [Read more…]