A proposed class-action lawsuit alleging that major pharmacies routinely overcharge for generic prescription drugs got a shot in the arm when a divided Court of Appeals panel reinstated the action in a split opinion May 6.
Read More »Sex offender’s discharge petition revived
An appeal panel erred when it dismissed a sex offender’s petition for provisional discharge from civil commitment, the Supreme Court held in a May 1 opinion reversing the panel’s dismissal.
Read More »Couple’s $2 million transfer fraudulent
A $2-million asset transfer between divorcing spouses, leaving the ex-husband facing a $290,000 bank judgment and more than $8.8 million in other debt, was presumptively fraudulent under the state’s Uniform Fraudulent Transfer Act, a Court of Appeals panel held on April 29.
Read More »Block of forfeiture in DWI case upheld
A woman who faced forfeiture of her 2008 Mercedes after the male companion driving her home in it was charged with driving while intoxicated can keep the vehicle, a Court of Appeals panel ruled April 22.
Read More »Railroad worker’s injury case back on track
An injured railroad worker’s lawsuit is back on track after a Court of Appeals panel held April 8 that a District Court had erred in granting his employer’s motion for summary judgment.
Read More »Guardian ad litem not served; appeal dismissed
The appellant in a custody case must serve notice of appeal on all adverse parties, including a guardian ad litem who has been a party ...
Read More »Restitution hearings require counsel or waiver
A defendant has a right to counsel at a restitution hearing and conducting such a proceeding without obtaining a waiver of that right is a constitutional violation, the Court of Appeals panel held on Jan. 28 in State v. Maddox III.
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