SETTLEMENT: $120 million+ to State from Big Tobacco for breach of contract and tort claims for allegedly intentionally evading obligations under 1998 Master Settlement Agreement. [Read more…]
Public defender fee cuts for contract attorneys
PUBLIC DEFENDER FEES for contract attorneys properly found subject to cuts during pendency of representation due to budget shortfalls… Seeley affirmed. [Read more…]
Appeal procedure, expedited tobacco briefing request
APPEAL PROCEDURE: State’s request to halve briefing schedule in appeal of arbitration denial in light of alleged (and denied) delay tactics denied, but no routine extensions to be granted… order. [Read more…]
Mental commitment, medical v. mental condition
MENTAL COMMITMENT: Issue of medical v. mental condition properly resolved by mental professional’s own diagnosis, not just reliance on other professionals… McMahon affirmed (IOR I-3(c)). [Read more…]
Traffic stop duration, glasses case meth pipe
TRAFFIC STOP and arrest of passenger for drugs based on tip not improperly prolonged to probe another passenger’s eyeglass case spotted in purse which turned out to contain meth pipe (meth in baggie was later found in jail search of clothes)… suppression properly denied… Dayton affirmed (IOR I-3(c)). [Read more…]
Class certification, student loan claims
CLASS CERTIFICATION: 2 classes asserting claims related to UM student loan disbursements improperly certified, 1 class properly certified… Wheelis reversed, affirmed. [Read more…]
Failure to prosecute, dismissal of §1983 claims
FAILURE TO PROSECUTE: Dismissal of §1983 claims with prejudice too harsh, dismissal without prejudice more appropriate. . . Haddon reversed (memorandum). [Read more…]
Other acts, Just/Matt overruled, replaced
OTHER ACTS: No useful purpose for Just/Matt notice, often inimical to prosecutions, replaced with disclosure [Read more…]