PARENTAL RIGHTS: Indian mother’s rights improperly terminated without conclusive tribal determination of children’s membership/eligibility. . . Newman reversed. [Read more…]
Bifurcation, UIM/bad faith, questioned hit & run
BIFURCATION: Plaintiff’s request for single trial of questioned hit & run UIM claim and bad faith claim properly denied, but seriatim trials to be before same jury, not separate juries as ordered by Menahan… supervisory control order. [Read more…]
Parental termination, “be nice” requirement
PARENTAL TERMINATION: Father’s failure to “be nice” properly considered in termination… Newman affirmed (IOR I-3(d). [Read more…]
Marital, custody, CSED v. Court income findings
MARITAL: Primary custody of children properly awarded to wife… conflicting findings as to husband’s income by CSED and Judge require reconsideration of support award… Krueger affirmed, reversed. [Read more…]
Marital, maintenance, custody, property, fees
MARITAL: Past maintenance, wife as primary parent affirmed… property apportionment, ongoing maintenance, parenting schedule for husband, fees reversed, remanded for additional findings… Krueger affirmed, reversed. [Read more…]
Bar negligence/dram shop, assault outside
BAR NEGLIGENCE/DRAM SHOP: Fact issues as to altercation which started inside bar and ended in assault outside preclude summary judgment under Kipp negligence factors… dram shop claim properly rejected on summary judgment for lack of [Read more…]
$4 million settlement, radiologist/hospital
SETTLEMENT: $4 million, radiologist/hospital. [Read more…]
Hospital/radiologist contract, injunction
HOSPITAL/RADIOLOGIST CONTRACT: Preliminary injunction against hospital properly granted in reappointment dispute… Newman affirmed.
Jesse Cole has been a radiologist at St. James since 1996. Bylaws require [Read more…]