WORK COMP: Constitutional challenge to §605 permitting insurers to obtain multiple IMEs properly rejected. . . McMahon affirmed. [Read more…]
Supervisory control, delayed rulings, retired judge
SUPERVISORY CONTROL denied over delayed rulings by retired Judge Harkin… order. [Read more…]
Parental custody, deliberate indifference expert
PARENTAL CUSTODY: Expert testimony properly allowed as to deliberate indifference of State’s removal of child resulting in defense verdict… Christensen affirmed (unpublished). [Read more…]
Judge recusal, all Judges named Defendants
JUDGE RECUSAL: Rule of necessity permits a judge to hear a case in which a plaintiff sues all judges of the district… Lynch/Molloy affirmed (other grounds). [Read more…]
Prosecutorial immunity
PROSECUTORIAL IMMUNITY shields City from malicious prosecution suit stemming from dismissed charge of endangering welfare of child… Ortley. [Read more…]
Quasi-judicial immunity, Appraisers Board
QUASI-JUDICIAL IMMUNITY for Board of Real Estate Appraisers and member dismissing malicious prosecution and abuse of process claims following improper license suspension… [Read more…]
Murder/burglary, expert, felony murder
MURDER/BURGLARY: Testimony of social worker expert properly limited… felony murder supported by evidence that Defendant [Read more…]
Sentencing, serious injury assault
SENTENCING: 63 months for serious injury assault affirmed… Haddon affirmed (unpublished). [Read more…]
Sentencing, revocation
SENTENCING: 6 months imposed upon revocation affirmed… Haddon affirmed (unpublished). [Read more…]
Prosecutorial immunity, revocation v. intervention
PROSECUTORIAL IMMUNITY: State not immune from contract/due process claims for revocation petition in breach of intervention agreement… liability for breach of contract determined by collateral estoppel… summary judgment properly denied on due process [Read more…]