INSURANCE: Despite failure to follow Policy Simplification Act table of contents/notice provisions an insurer may rely on unambiguous exclusions when invalidating would increase the risk assumed… 9th Circuit certified question answered… Molloy reversed. [Read more…]
Restitution, software engineer, stolen laptop
RESTITUTION by software engineer convicted of stealing laptop properly awarded as to some claims, improperly awarded as to others… J. Brown affirmed, reversed. [Read more…]
PFMA, “our children” = partner or familial relationship
PFMA: Un-Mirandized but voluntary statements regarding “our children” sufficient to establish partner or familial relationship with uncooperative alleged victim… Pinski affirmed (IOR I-3(c)). [Read more…]
Milk dating, Montana’s 12-day sell-by date
MILK DATING: Washington packager has Art. III standing to challenge Montana’s 12-day sell-by date… Haddon reversed (unpublished). [Read more…]
Oil & gas, potential fracking, right to participate
OIL & GAS: Plaintiffs’ right-to-participate claim as to potential fracking not unripe, but participated in hearing on initial permit to drill and promised further participation if fracking pursued… Knisely reversed. [Read more…]
Death penalty, “ultra-fast-acting barbiturate”
DEATH PENALTY: State enjoined from using pentobarbital unless/until statute authorizing “ultra-fast-acting barbiturate” is modified… Sherlock. [Read more…]
Milk control, 12-days sale rule
MILK CONTROL: Petition to repeal/amend 12-day sale rule properly rejected… Menahan affirmed. [Read more…]
Oil & gas, MAPA v. de novo review
OIL & GAS: Petition objecting to spacing units order improperly dismissed for relying on MAPA in addition to §82-11-144 de novo review… Cybulski reversed. [Read more…]
Environment, bison hazing, appeal injunction
ENVIRONMENT: Injunction pending appeal of Yellowstone bison helicopter hazing ruling denied, no showing of likelihood of harm to grizzlies… Lovell. [Read more…]
Legislation, veto power, governor standing
LEGISLATION: No restriction on Governor’s veto power when he chose to not sign rather than veto HB 676, lacks standing [Read more…]