INSURANCE: Victory properly fined the maximum for failing to provide its records to the Commissioner in usable form… Seeley affirmed. [Read more…]
Sanctions for delays resulting in sua sponte mistrial
SANCTIONS: $51,923.61 sanctions against defense attorney for delays resulting in sua sponte mistrial reversed following Federal Courts’ exoneration of counsel… Cuffe reversed. [Read more…]
Insurance, records format for data transfer
INSURANCE: Writ of prohibition against Insurance Commissioner’s enforcement action properly denied in records format dispute between comp insurers… Abbott affirmed. [Read more…]
Double jeopardy, improvident declaration of mistrial
DOUBLE JEOPARDY: Habeas properly granted securities fraud Defendant because Cuffe abused discretion in declaring a mistrial, Defendant may not be retried… Christensen affirmed, Cuffe and Montana Supreme Court “reversed” (memorandum). [Read more…]
Mistrial sanctions, $51,923.61 for “gaming system” delays
MISTRIAL SANCTIONS: $51,923.61 imposed against Defense attorney personally for gaming the system with tactical delays that resulted in mistrial of insurance/securities fraud case… Cuffe. [Read more…]
Defense verdict, 8th-amendment TMJ surgery claim
VERDICT: Defense, 8th-Amendment claim of deliberate indifference towards prisoner’s need for TMJ surgery. [Read more…]
Ethics code, Regents, CPP jurisdiction
ETHICS CODE: Regent is a public employee under Code but no CPP jurisdiction over Regents, Regent’s questions concerning 6-Mill Levy at Board meeting not violative of Code… Todd reversed, affirmed. [Read more…]
Prisoner pat-down alleged sexual assault
PRISONER PAT-DOWN SEXUAL ASSAULT: Model instruction on excessive force misstated elements of 8th-Amendment violation arising from sexual assault… defense verdict on claim of sexual assault during pat-down search reversed, remanded for new trial… no abuse of discretion in not continuing trial sua sponte to allow Plaintiff to subpoena a witness… Christensen reversed, affirmed. [Read more…]
Restitution, bank’s embezzlement investigation costs
RESTITUTION: Embezzler failed to preserve objections to $9,313.75 claimed by Bank for investigating and assisting in prosecution (n addition to $7,103 stolen), not denied due process by lack of evidentiary hearing… Larson affirmed. [Read more…]
Water, implied stockwater claims vis-à-vis irrigation
WATER: Court failed to properly apply its implied claims test in rejecting implied stockwater claims vis-à-vis irrigation rights… Ritter reversed (IOR I-3(c)). [Read more…]