SEX OFFENDER REGISTRATION: Child porn Defendant who completed federal sentence after obtaining reduction for “clean record” no longer required to register under federal law, but termination of State registration requires separate petition… Molloy. [Read more…]
Endangered species, grizzly kills, “self-defense”
ENDANGERED SPECIES: Objective good faith standard improperly applied to grizzlies shooter’s self-defense claim… conviction reversed, remanded for determination of whether he had subjective good faith belief that he was acting in self-defense… not entitled to jury trial… Lynch/Christensen reversed, affirmed. [Read more…]
Endangered species, grizzly shooting “self-defense”
ENDANGERED SPECIES: Shooting 3 grizzlies only petty offenses, no right to jury… defense of self or others properly rejected under objective standard… even under subjective standard, evidence showed lack of good faith belief that it was necessary to shoot bears… $5,000 per bear restitution proper… over-length brief allowed… judgment/sentence by Lynch affirmed… Christensen. [Read more…]
Firearms, alleged jury taint, pro per claims
FIREARMS: New-trial hearing required on claim that ex-girlfriend loudly proclaimed before jurors in lobby Defendant’s criminal past, bad behavior, willingness to do anything for money… pro per and other claims properly rejected… Nielsen affirmed, reversed (unpublished). [Read more…]
Inherently dangerous, juvenile facility counselor
INHERENTLY DANGEROUS: Counselor at state-contracted juvenile facility is inherently dangerous activity, State potentially liable for assault injuries from escape attempt… Seeley. [Read more…]
Insurance, cancer death claim, statute of limitations
INSURANCE: 8-year statute for cancer death claim runs from date insurer received written notice per proof of loss provision, not from date complaint filed or oral notice… Sherlock. [Read more…]
Attorney fees, wrongful premium retention
ATTORNEY FEES in wrongful premium retention class action settlement reduced from $1,650,408 to $692,881 in light of further analysis of settlement value, not on basis of 60(b)(2) new evidence, but on basis of 60(b)(6) extraordinary circumstances and agreement that fees shall be determined by the Court… Molloy. [Read more…]
Wage claim, truck driver, interstate commerce
WAGE CLAIM: Truck driver improperly precluded from additional evidence to support claim that he should have been paid wages rather than “load rate”… transportation of logs did not involve interstate commerce, wages not exempted from overtime… Dayton reversed. [Read more…]
Attorney fees, insurance class settlement
ATTORNEY FEES/CLASS SETTLEMENT: $1,650,408 fees awarded based on 25% contingency in settlement of wrongful premium retention class action valued at $6,601,633 (constructive common fund) which Plaintiffs contend is minimum payout and Defendant contends is maximum… $300,000 lodestar urged by Defendant rejected as windfall… [Read more…]
Insurance/jurisdiction, state/federal actions
INSURANCE/JURISDICTION: Court has discretion to hear coverage dec action brought by insurer, but defers to later- [Read more…]