VERDICT: $112,000 for Plaintiff oil drilling consultant, 0 for Counterclaimant project owner. [Read more…]
Mobile home lot evictions, no cause
MOBILE HOME LOT EVICTIONS: MRMHLRA does not allow a lot owner to terminate tenant’s month-to-month lease without cause… Vannatta and Recht reversed. [Read more…]
Indians, tribal officers stopping non-Indian motorists
INDIANS: A tribal officer has authority to detain temporarily and search non-Indians traveling on public rights-of-way through a reservation for potential violations of state or federal law… Watters/9th Circuit reversed. [Read more…]
Indians, tribal traffic stop of non-Indian
INDIANS: Panel rehearing and rehearing en banc denied as to Panel’s affirmation of Watters’s order suppressing evidence from Tribal officer’s detaining non-Indian parked on federal highway on Reservation… order. [Read more…]
Indians, tribal traffic stop, “seemed to be non-Native”
INDIANS: Tribal officer exceeded authority when he detained driver parked on federal highway on Reservation without having ascertained if he was an Indian (cannot presume that one is non-Indian (“seemed to be non-Native” — or Indian — based on appearance, status is political, not racial or ethnic)… meth/firearms properly suppressed based on exclusionary rule as applied to ICRA’s 4th Amendment counterpart… Watters affirmed (other grounds). [Read more…]
Drugs, probable cause to arrest in meth sting
DRUGS: Probable cause to arrest driver of vehicle involved in meth sting… Haddon affirmed (memorandum). [Read more…]
Subdivision covenants, assisted living in home
SUBDIVISION COVENANTS: No abuse of discretion denying preliminary injunction against proposed assisted living facility in residence pending determination of merits . . . Larson affirmed (IOR I-3(c)). [Read more…]
Contempt, PO “impeding” parole eligibility
CONTEMPT: Motion by vehicular homicide Defendant to hold PO in contempt until her alleged wrong in impeding his parole eligibility “is fully righted” fails whether as civil or criminal, should have been denied for failure to state a claim… Manley reversed on supervisory control. [Read more…]
Restitution, child porn victims, relative causal role
RESTITUTION: $29,859 restitution awarded to 1 victim in child porn bulletin board conspiracy out of $11,980-$16,400 requested from each of 13 Defendants, 0 to 2nd victim out of $150,000 requested from each Defendant, determined by “continuing traffic”/“relative causal role” equation… Molloy. [Read more…]
Insurance, CGL/umbrella “additional insured”
INSURANCE: General contractor is “additional insured” under subcontractor’s CGL/umbrella policies, insurers have duty to defend subcontractor’s employee’s injury claim arising out of gas line rupture… Molloy. [Read more…]