INSURANCE: Ambiguous “general aggregate” limit in excess liability policy construed to provide additional $4 million for Homeowners for damages from gasoline tanker spill, Homeowners properly awarded attorney fees for insurer’s breach of duty to indemnify to proper limits… insurer did not breach duty to defend by withdrawing from defense and subsequently reinitiating defense (applying Independent Milk to breach of assumed duty to defend), not liable for $13,066,474 stipulated judgment entered 8 months later… McLean affirmed, reversed. [Read more…]
Environment, Yellowstone bison hazing
ENVIRONMENT: Helicopter hazing of Yellowstone bison correctly found not harmful to grizzlies… AWR had standing, complied with citizen suit notice provision… Lovell affirmed, reversed (as to standing/notice). [Read more…]
Restitution, child porn victims, relative causal role
RESTITUTION: $29,859 restitution awarded to 1 victim in child porn bulletin board conspiracy out of $11,980-$16,400 requested from each of 13 Defendants, 0 to 2nd victim out of $150,000 requested from each Defendant, determined by “continuing traffic”/“relative causal role” equation… Molloy. [Read more…]
Sentencing, restitution, investment scheme
SENTENCING: Amount lost by A’s investors improperly included in Defendant’s restitution liability where only connection to A’s fraudulent investment scheme was to introduce A to B who had [Read more…]
Zoning, ag/forest protest constitutionality
ZONING: Ag/forest protest provision unconstitutional delegation of legislative power to individuals to halt zoning changes… failure to name protestors cured by allowing early intervention… Townsend affirmed. [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…]
Environment, bison hazing grizzly impacts
ENVIRONMENT: Challenge of grizzly impacts resulting from helicopter bison hazing rejected… Lovell. [Read more…]
Excessive force, tasing, federal/state claims
EXCESSIVE FORCE ARREST: Although flight justified some force in stopping Plaintiff sitting by sidewalk with pill box with leafy substance (which turned out to be marijuana), jury may determine that government interest in stopping him may not be sufficient to justify tasing under [Read more…]
Excessive force, tasing, pre-trial evidentiary rulings
EXCESSIVE FORCE ARREST: Evidentiary/testimonial rulings including allowing “shaky” SPECT scans in support of claimed head injury… Molloy. [Read more…]
Attorney fees/costs, FRCivP, LR, EAJA
ATTORNEY FEES/COSTS: Deadlines for motion for fees, bill of costs under FRCivP, LR, EAJA discussed in response to request for clarification, but Court declines to advise which avenue to take… Molloy. [Read more…]